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Technical  and  Bibliographic  Notes/IMotes  techniques  et  bibliographiques 


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D 


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Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagde 


Covers  restored  and/or  laminated/ 
Couverture  restaur6e  et/ou  pellicul6e 


[Tyj    Cover  title  missing/ 


Le  titre  de  couverture  manque 


I      I    Coloured  maps/ 


Cartes  g6ographiques  en  couleur 


Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


r~|    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
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une  image  reproduite,  ou  qui  peuvent  exiger  une 
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Pages  discoloured,  stained  or  foxed/ 


1^1    Pages  d6color6es,  tachetdes  ou  piqu6es 

Pages  d6tach6es 

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Quality  of  prir 

Qualiti  in6gale  de  I'impression 

Includes  supplementary  materii 
Comprend  du  materiel  suppl^mentaire 


I  I  Pages  detached/ 

I  I  Showthrough/ 

I  I  Quality  of  print  varies/ 

I  I  Includes  supplementary  material/ 


D 
D 


Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
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Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
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obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  reduction  indiqud  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

30X 

ll 

II 

12X 

16X 

20X 

24X 

28X 

32X 

f      1 

lire 

details 
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modifier 
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The  copy  filmed  here  has  been  reproduced  thanlcs 
to  the  generosity  of: 

Library  of  Congress 
Photoduplication  Service 

The  images  appearing  here  are  the  best  quality 
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gAnArositA  de: 

Library  of  Congress 
Photoduplication  Service 

Las  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettett  de  l'exemplaire  fiimi,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  Illustrated  Impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  Illustrated  impression. 


6es 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimte  sont  film6s  en  commenpant 
par  la  premier  plat  et  en  terminant  soit  par  la 
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plat,  selon  le  cas.  Tous  les  autres  exemplaires 
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premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustratlon  et  en  terminant  par 
la  derniAre  page  qui  comporte  une  telle 
empreinte. 


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TINUED"), or  the  symbol  y  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  sulvants  apparattra  sur  la 
dernlAre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  -^  signifie  "A  SUIVRE  ",  le 
symbole  ▼  signifie  "FIN  ". 


re 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
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right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
filmte  d  des  taux  de  reduction  diffArents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clich6,  11  est  filmA  i  partir 
de  Tangle  supArieur  gauche,  de  gauche  d  droite, 
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""'"W ■UiiiViliifiiiiUMi  iijjippppippaiiiiMN^PlMp 

/ 


V  ?   V    V  - 


COLLECTIONS 


OF  THE 


NEW-YORK  HISTORICAL  SOCIETY 


•f 


FOR  THE  YEAR  1826. 


1 


VOLUME  IV. 


■^^-i 


NEW.  YORK: 

PKINTBD  FOB  THE  SOCIETV,  BY  J.  SErMOUM. 

1826. 


i 


m 


t&- 


^4^'.««P*yiiwi»'.)  I  I !  'tn 


sjsi£fc-r;^,i%,„.  ii'iii-'^ftiifr"a^^f«Hhi-''rfiiiiiii  irwfrf  r  M^wf^'-'-yiaMtrL 


■  <S*^"i  i  tmi  I 


TO 


THE  RIGHT  HONORABLE 


THE  EARL  OF  DALHOUSIE,  G.C.B. 


GOr£BNOR-OEHEBAL  OF  BRITISH  NORTH  AMERICA. 


MY  LORD, 

Though  the  Colony  of  which  this  is  the  His- 
tory, is  no  longer  a  part  of  the  British  Empire,  yet, 
as  that  was  once  a  British  Province,  and  your  Lord- 
ship has  signified  your  approbation  of  the  present 
work,  I  have  resolved  to  publish  it.  I  have  been 
the  more  readily  induced  so  to  do,  as  it  affords  me 
an  opportunity  of  expressing  the  high  veneration 
and  eslteem  I  entertain  for  your  Lordship's  exalted 
character,  and  the  grateful  sense  I  shall  ever  feel 
for  your  Lordship's  kind  friendship  and  regard. 


Wm.  SMITH- 


Q«EBEC,  August  loth,  1824. 


H 


ADVERTfSEMENT. 


In  the  preface  to  the  first  Volume  of  my  Father's  History 
of  New. York,  he  has  stated  the  reasons  which  induced  him 
not  to  publish  it,  beyond  a  certain  period;  however  forcible 
they  might  have  been  at  that  day,  they  no  longer  exist,  and 
I  therefore  have  taken  the  resolution  to  ofler  to  the  public 
the  continuation  of  this  history,  written  with  his  own  hand.    I 
read  it  with  the  utmost  attention  before  I  resolved  upon  the 
publication.     I  put  ,he  work  into  the  hands  of  some  of  my 
friends,  (conceiving  that  it  would  have  been  presumption  in 
me  to  have  trusted  to  my  own  partial  decision,)  and  they 
encouraged  me  to  offer  it  to  the  public,  a^  a  curious  and 
interesting  boflk.     When  I  resolved  to  follow  this  advice,  it 
was  a  circumstance  of  great  weight  with  me,  that  as  it  would 
probably  be  published  at  some  future  day,  and  might  fall  into 
the  hands  of  an  editor,  who,  not  being  actuated  by  the  same 
sacred  regard  for  the  reputation  of  the  author  which  I  feel, 
might  make  alterations  and  additions,  and  obtrude  the  whole 
on  the  public  as  a  genuine  and  authentic  book.     The  continu- 
ation of  the  history  is  therefore  published  as  it  was  left  by  the 
author,  with  only  a  few    erbal  alterations  and  corrections. 

WILLIAM  SMITH, 

Memher  of  hU  Mnjestt/U  Cwmrit. 
Quebec,  August  4fh,  1824. 


!-;  1  ir' 


NOTICE. 


The  New-York  Historical  Society  have  the  plea- 
sure, in  their  present  volume,  to  offer  a  Continuation 
of  the  late  Chief  Justice  Smith's  History  of  New- 
York,  by  the  distinguished  author  himself.  For 
the  means  of  so  doing,  they  are  indebted  to  the  po- 
liteness of  his  son,  William  Smith,  Esq.  of  Canada, 
a  gentleman  of  talents  and  respectability. 

To  those  who  are  acquainted  with  the  merits  of 
the  first  part  of  the  work,  so  long  before  the  public, 
it  is  unnecessary  to  say,  that  in  putting  to  press  this 
Continuation,  they  think  they  perform  a  most  valua- 
ble service  as  well  to  the  cause  of  letters  as  to  their 
'  country.    In  the  part  now  first  published,  the  reader 
will  observe,  that  the  author  was  a  prominent  actor 
in  the  scenes  he  describes.    A  more  valuable  histori- 
eal  document,  touching  the  affairs  of  this  State,  ha^ 
perhaps  never  yet  appeared ;  and  the  Society  fell- 
citate  themselves  that  it  is  in  their  power  to  enrich 
their  collections  with  so  precious  a  legacy  ta  the 
future  historian. 

New-Yokk,  July  4,  l'J26. 


CONTENTa 


CHAPTER  I. 

CHAPTER  n. 

""Z^cZLT^^^'r'r  '"  ^'•«^'"-'  ^  ^  appointment  of  Go- 

68  to  151 

CHAPTER  HI. 
From  the  rMi>natioD  of  Goreraor  Clintn»    ♦-  4V 
Danron  0»born  u  Governor  *       *''*  ■PPointmentof  Sir 

'  '        ■        •        ■        -  151  to  162 

CHAPTER  IV. 

Prom  the  death  of  Sir  Danvera  Oahnm  »„  .k 
Goyemor  Delanoejr,  .       .  "*  .  "'  ^  *^'  accession  of  Lieutenant 

CHAPTER  V 


-  162  to  217 


217  to  245 
CHAPTER  VI. 
From  the  absence  of  Sir  Charimi  h««j 
«nico,  to  (be  second  LuStonofl^-™/"  expedition  against  Mar- 
Governor  Delancey,  T   P  "''  °^  *^  a-Jmimstratir  i  by  Lieutenant 

'    ■     -        -  245  to  284 
CHAPTER  VII. 

Hardy,      -        .        .        .*"'  """"ff  "e  absence  of  Sir  Charles 

-  284  to  308 


If 


CONTINUATION 


or   THE 


HISTORY  OF  NEW-YORK, 


CHAPTER  1. 

From  Colonel  Cathy's  appointment  to  his  death;  and  to  iht 
appointment  of  Mr.  Clarke  as  President  of  the  Province,  in 
1736. 

Upon  the  death  of  Mr.  Montgomorie,  the  province 
was  committed  to  the  care  of  Colonel  William  Cosby: 
he  had  formerly  governed  Minorca,  and  exposed  him- 
self to  reproaches  in  that  island,  which  followed  him 
across  the  Atlantic.    It  was  by  his  order  that  the 
effects  of  one  Coppodoville,  a  Catalan  merchant,  then 
residing  at  Lisbon,  were  seized  at  Port  Mahon,  in 
1718,  several  months  before  the  war  of  that  year  was 
declared  against  Spain;  and  he  was  charged  with 
scandalous  practices  to  secure  the  booty,  by  denying 
the  right  of  appeal,  and  secreting  the  papers  tending 
to  detect  the  iniquity  of  the  sentence,  and  enabling 
the  proprietor  to  procure  its  reversal.    He  arrived 
here  the  1st  of  August,  1732,  and  on  the  1 0th  spoke 
to  the  Assembly,  who  had  met  several  days  before, 
agreeably  to  an  adjournment.    After  informing  the 
House,  that  the  delay  of  his  voyage  was  owing  to  his 
desire  of  assisting  the  agents  for  defeating  a  bill 
brought  into  Parliament,  partial  to  the  sugar  islands, 
he  declared  his  confidence  in  their  willingness  to 
provide  for  the  support  of  government,  by  settling  a 
revenue  as  ample  and  permanent  as  in  any  former 
instance;  urged  their  attention  to  the  Indian  com* 
merce,  and  promised  his  power  and  interest  to  ren- 
der them  a  happy  and  flourishing  people. 


n 


iiwi,i.i|<i  l.M.  i|l!'.;f'lA''.l'!"!-'^f.'"' 


2  '  -  [Chap.  I. 

The  Assembly  were  more  Uberal  in  the  address 
with  their  thanks  than  their  promises ;  for  they  merely 
en'^a-'ed  in  general  to  contribute  to  the  ease  ot  his 
administration,  and  therefore  he  repeats  his  request 
when  they  come  before  him  to  present  it. 

From  their  dread  of  the  success  of  the  sugar  act, 
thi-y  did  not  hesitate  about  a  revenue  to  support  the 
government  for  six  years ;  nor  to  secure  out  of  it,  the 
payment  of  a  salary  of  fifteen  hundred  and  sixty 
pounds  to  the  Governor,  with  the  emoluments  ol  four 
hundred  pounds  per  annum  in  fuel  and  candles  tor 
the  fort,  and  one  hundred  and  fifty  pounds  for  his 
voyage  to  Albany,  besides  a  sum  for  presents  to  the 
Indians.     But  it  wa-  late  in  the  session  betore  they 
voted  any  compensation  for  his  assistance  to  the 
agents,  and  not  till  after  the  support  bill  had  been 
passed.    They  then  agreed  only  to  present  him  mth 
the  sum  of  seven    undred  and  fifty  pounds.    1  he  go- 
vernor, who  had  intelligence  of  it,  intimated  his  dis- 
eust,  but  in  terms  which,  though  it  procured  him  an 
lugmentation  of  two  hundred  and  fifty  pounds  more, 
lost  him  their  esteem.    He  accosted  Mr.  Morris,  one 
of  the  members,  on  this  occasion,  in  terms  expressing 
a  contempt  of  the  vote.    "  Damn  them,'    said  he, 
«  why  did  they  not  add,  shillings  and  pence .?  Do  they 
think  I  came  from  England  for  money.?    Ill  make 
them  know  better." 

This  year  was  the  first  of  our  public  attention  to 
the  education  of  youth :  provision  was  then  made  tor 
the  first  time  to  support  a  Free  School,  for  teaching 
the   Latin  and   Greek  tongues,  and  the  practical 
branches  of  the  mathematics,  under  the  care  ot  Mr. 
Alexander  Malcolm  of  Aberdeen,  the  author  ot  a 
Treatise  upon  Book-keeping.    The  measure  was  pa- 
tronised by  the  Morris  family,  Mr.  Alexander,  and 
Mr.  Smith,  who  presented  a  petition  to  the  Assembly 
for  that  object ;  such  was  the  negligence  ot  the  day, 
that  an  instructor  could  not  find  bread,  from  the  vo- 
luntary contributions  of  the  inhabitants,  though  our 
eastern  neighbours  had  set  us  an  example  of  erect- 
ing and  endowing  colleges  early  m  the  last  century. 


ji.  I  Ljliifiwraftalii 


I  ,.iimm»'V%P  .nv*^- 


[Chap.  I. 

the  address 
they  merely 
!  ease  of  his 
5  his  request 
t. 

le  sugar  act, 
support  the 
out  of  it,  the 
d  and  sixty 
ments  of  four 
1  candles  for 
unds  for  his 
esents  to  the 
I  before  they 
:ance  to  the 
)ill  had  been 
lent  him  with 
ds.   TheGo- 
lated  his  dis- 
cured  him  an 
pounds  more, 
r.  Morris,  one 
ns  expressing 
m,"  said  he, 
nee  ?  Do  they 
y?    rU  make 

c  attention  to 
then  made  for 
I,  for  teaching 

the  practical 
le  care  of  Mr. 
J  author  of  a 
asure  was  pa- 
lexander,  and 

the  Assembly 
ice  of  the  day, 
i,  from  the  vo- 
lts, though  our 
mple  of  erect- 
e  last  century. 


17.32.]  •  3 

The  bill  for  this  school,  drafted  by  Mr.  Philipse  the 
speaker,  and  brought  in  by  Mr.  Delancey,  adminis- 
tered to  some  merriment.  It  had  this  singular  pre- 
amble :  "  Whereas  the  youth  of  this  colony  are  found, 
by  manifold  experience,  to  be  not  inferior  in  their 
natural  geniuses  to  the  youth  of  any  other  country  in 
the  world,  therefore,  be  it  enacted,'"  &c. 

The  opposition  to  the  sugar  act,  which  now  en- 
grossed so  much  the  public  stttention,  was  unsuccess- 
ful.   Mr.  President  Van  Dam,  the  Council,  and  the 
Assembly,  had  all  concurred  in  a  petition  against  it 
to  the  King,  while  Mr.  Cosby  was  in  England.    They 
represented  the  islands  as  aiming  at  a  monopoly  in- 
jurious both  to  the  colony  and  the  mother  country : 
asserted  that  this  colony  took  off  more  British  wool- 
lens than  all  the  islands  together,  except  what  was 
imported  by  Jamaica  for  the  Spaniards ;  that  the  act 
would  reduce  them  to  raise  their  own  clothing ;  that 
the  provisions,  horses,  and  lumber  exported  from  this,, 
and  the  colonies  of  New-Jersey  and  Pennsylvania, 
brought  returns  from  the  foreign  as  well  as  British 
islands,  in  money,  rum,  sugar,  molasses,  cocoa,  indigo, 
cotton,  all  which,  except  the  rum  and  molasses,  were 
either  consumed  here,  or  furnished  remittances  to 
Great  Britain  for  her  balance  against  us;  and  the 
specie  sent  from  this  colony  alone,  they  conceived  to 
be  more  than  from  all  the  British  islands  together, 
Jamaica  only  excepted :  they  denied  that  the  British 
sugar  islands  could  take  off  half  the  provisions  raised 
by  the  three  northern  colonies  aforementioned,  or 
supply  us  with  rum  without  lessening  the  exports  of 
sugar.     Nothing  could  be  more  importunate  than 
their  supplications  for  the  King's  protection  against 
the  West  India  project :  and  now  the  Assembfy  de- 
voted one  hundred  and  fifty  pounds  per  annum,  with 
fifty  pounds  more  for  disbursements,  to  any  person 
whom  certain  merchants  of  London  should  nominate 
as  their  agent,  to  assist  this  colony  in  what  they  con- 
ceived to  be  threatening  them  with  ruin;  for  they 
apprehended  that  all  purchasers  from  ithe  foreign 


4  [Chap  I. 

islands  for  our  products,  were  to  be  totally  prohibited 
—a  design,  however,  not  countenanced  by  the  act. 
While  Mr.  Van  Dam  was  in  the  chair,  it  became  a 

guestion  in  Council,  dn  drawing  the  warrants  for  the 
rovernor's  salary,  whether  the  whole  or  only  the  moi- 
ety should  be  received  by  the  President.  The  Assem- 
bly were  consulted  upon  it,  but  declined  an  opinion. 
The  Council  then  advised  warrants  to  Mr.  Van  Dam 
for  the  whole  salary,  ^nd  he  received  the  money. 
Mr.  Cosby  came  out  with  the  King's  order  of  the  31st 
of  May,  1732,  for  the  equal  partition  between  himself 
and  the  President,  of  the  salary  and  all  perquisites 
and  emoluments  of  government  during  his  own  ab- 
sence. Van  Dam  was  contented,  if  the  Governor 
would  also  divide  with  him  the  sums  which  came  to 
his  hands  in  England,  for  he  confessed  his  own  re- 
ceipts to  amount  to  no  more  than  one  thousand  nine 
hundred  and  seventy- five  pounds,  seven  shillings  and 
ten-pence,  and  insisted  that  the  Governor's  were  six 
thousand  four  hundred  and  seven  pounds,  eighteen 
shillings  and  ten-pence.  Colonel  Cosby  would  not 
consent  to  this  demand,  and  the  President,  who 
thought  him  his  debtor,  refused  to  tender  him  a  far- 
thing, and  demanded  a  balance.  The  Governor,  to 
compel  the  payment  and  prevent  any  discount,  was 
advised  to  proceed  against  Van  Dam  in  the  Exche- 
quer, for  in  a  suit  at  common  law  he  dreaded  a  set- 
off and  the  verdict  of  a  jury,  the  President  being  a 
popular  and  reputable  merchant.  In  Chancery  no 
measures  could  be  taken,  for  there  the  Governor  pre- 
sided, and  could  not  be  an  unexceptionable  judge  in 
his  own  cause. 

The  Supreme  Court  exercised  the  ample  authori- 
ties both  of  the  King's  Bench  and  Common  Pleas, 
and  its  sittings,  or  terms,  hud  been  fixed  by  ordinan- 
ces of  the  Governor  with  the  advice  of  the  Council. 
In  certain  instances,  the  Judges  had  proceeded  ac- 
cording to  course  of  the  Exchequer,  their  commis- 
sions directing  them  "  to  make  such  rules  and  orders 
as  may  be  found  convenient  and  useful,  as  near  as 
may  be  agreeable  to  the  rqles  and  orders  of  our 


*i8ii'  fl  I  liiimr'  \u\itmi  )iii">i>' 


HWM»WI>-  ■>»*■■  III  r\  im  KM 


■  ■IIIJ  IJII^I  Jl« 


[Chap  1. 

►rohibited 
the  act. 
became  a 
its  for  the 
y  the  moi- 
iie  Assem- 
n  opinion. 
Van  Dam 
le  money. 
afthe3l8t 
en  himself 
(erquisites 
IS  own  ab- 
Governor 
:h  came  to 
lis  own  re- 
jsand  nine 
illings  and 
's  were  six 
3,  eighteen 
would  not 
dent,  who 
him  a  far- 
jvernor,  to 
count,  was 
he  Exche- 
ided  a  set- 
nt  being  a 
lancery  no 
I'ernor  pre- 
le  judge  in 

lie  authori- 
non  Pleas, 
>y  ordinan- 
le  Council, 
ceeded  ac- 
ir  commiS" 
and  orders 
as  near  as 
ers  of  our 


J  732.]  fi 

Courts  of  King's  Bencli,  Common  Pleas,  and  Ex- 
chequer." 

Hence  the  hint  for  proceeding  in  Equity  before  the 
Judges  of  the  Supreme  Court,  as  Barons  of  the  Ex- 
chequer, the  majority  o*  whom,  Messrs.  Delancey  and 
Philipse,  were  the  Governor's  intimate  friends.  In 
Mr.  Morris,  the  Chief  Justice,  he  had  not  equal  con- 
fidence. 

As  soon  as  Bradley,  the  Attorney  General,  brought 
a  bill  in  this  Court  against  Mr.  Van  Dam,  the  latter 
resolved  to  file  a  declaration  at  common  law  against 
Mr.  Cosby,  before  the  same  J  udges,  for  his  moiety  as 
money  received  by  the  Governor  to  his  use,  and  re- 
quired his  Excellency,  by  a  letter  of  the  27th  August, 
1733,  to  give  orders  for  entering  his  appearance  at 
his  suit.  The  Governor  slighted  his  request,  and  Van 
Dam,  by  his  counsel,  moved  the  Judges  in  the  subse- 
quent term  of  October,  for  their  letter  to  his  Excel- 
lency, similar  to  the  practice  of  the  Chancery  where 
a  peer  of  the  realm  is  defendant.  The  Judges  per- 
mitted him  to  file  his  declaration,  but  refused  the 
letter,  as  unprecedented  at  law,  and  left  him  to  choose 
the  ordinary  process.  A  summons  was  then  offered 
to  the  Clerk  of  the  Court  for  the  seal,  but  he  would 
not  affix  it  to  the  writ.  The  Attorney  General  had  in 
the  mean  time  proceeded  before  the  same  Judges  in 
Equity,  to  a  commission  of  rebellion,  and  Van  Dam 
found  himself  compelled  to  a  defence. 

It  is  natural  to  imagine  that  Van  Dam's  hard  and 
singular  situation  would  excite  pity,  and  that  the  po- 
pulace might  be  induced  to  redeem  him  from  oppres- 
sion. He  had  early  engaged  Messrs.  Alexander  and 
Smith,  two  lawyers  in  high  repr  \tion,  for  his  coun- 
sel. They  took  exception  to  the  jurisdiction  of  the 
Court,  and  boldly  engaged  in  support  of  the  plea. 
But  when  judgment  was  given  by  the  puisne  Judges 
for  overruling  it,  the  Chief  Justice  opposed  his  breth- 
ren, in  a  very  long  argument  in  writing,  in  support  of 
his  opinion ;  at  which  the  Governor  was  much  offend- 
ed, demanded  a  copy,  and  then  the  Judge,  to  prevent 
misrepresentation,  committed  it  to  the  press. 


W 


•■  I' 


$ 


6 


[Chap.  I. 


The  exceptions  were  three :— Tljal  the  Supreme 
Court,  which  claimed  this  jurisdiction  in  ^.iuity,wa8 
established  by  an  ordinance  of  the  late  King  George 
the  First,  and  expired  at  his  demise,  and  had  not  been 
re-established  in  the  present  reign :— That  his  pre- 
sent Majesty,  by  his  commission  to  Governor  Montgo- 
morie,  uiider  the  Great  Seal  of  Great  Britain,  having 
commanded  him  to  execute  all  things  in  due  manner, 
according  to  the  powers  granted  by  that  commission, 
and  the  instructions  therewith  given  by  the  39th  ar- 
ticle, of  which  he  was  required  to  grant  commissions, 
with  the  advice  of  the  Council,  to  persons  fit  to  be 
Judges,  and  that  he  had  commissioned  Mr.  Delancey 
and  Mr.  Philipse  without  such  advice :— That  they 
had  no  jurisdiction  or  authority  to  compel  the  de- 
fendant to  appear  upon  oath,  concerning  the  matters 
in  the  bill ;  and  there  is  no  prescription,  act  of  Parli- 
ament, nor  act  of  Assembly,  to  establish  any  Supreme 
Court,  nor  to  empower  any  Court  or  persons  to  hold 
cognizance  of  pleas  in  a  Court  of  Equity,  in  or  for  this 

province. 

Mr.  Cosby  went  to  his  government  in  Jersey  very 
soon  after  the  order  for  overruling  the  plea,  which 
was  the  9th  April,  1733,  in  the  presence  of  a  crowded 
and  exasperated  audience;  and  upon  his  return  in  Au- 
gust, presented  Mr.  Delancey,  at  the  Council  Board, 
with  a  commission  to  be  Chief  Justice,  and  had 
issued  another  advancing  Mr.  Philipse  to  the  second 
seat.  The  members  present,  besides  Delancey,  were 
Clark,  Harison,  Colden,  and  Kennedy,  so  that  he 
could  not  form  a  Board  for  this  step,  there  wantmg 
the  necessary  quorum  of  five  competent  members. 
He  did  not  ask  their  opinion  or  advice  on  this  un- 
guarded measure,  which  added  fresh  oil  to  the  flame, 
already  spread  through  the  colony,  and  excited  the 
fears  of  the  multitude. 

The  Assembly  meeting  soon  after  in  autumn,  Mr. 
Morris  was  chosen  to  represent  the  county  of  West- 
chester, in  the  place  of  a  deceased  member;  but  he 
did  not  present  the  indenture  of  his  return  till  the 


[Chap.  I. 

B  Supreme 
'  juity,  was 
I  ng  George 
d  not  been 
at  his  pre- 
Dr  Montgo- 
ain,  having 
le  manner^ 
ommission, 
tie  39th  ar- 
tntnissions, 
ns  fit  to  be 
■.  Delancey 
-That  they 
)el  the  de- 
ihe  matters 
ct  of  Parli- 
ly  Supreme 
ons  to  hold 
n  or  for  this 

Fersey  very 
)lea,  which 
'  a  crowded 
jturn  in  Au- 
ncil  Board, 
t,  and  had 
the  second 
incey,  were 
so  that  he 
jre  wanting 
t  members, 
on  this  un- 
0  the  flame, 
excited  the 

lutumn,  Mr. 
ity  of  West- 
ber ;  but  he 
turn  till  the 


1733.]  7 

last  day  of  a  short  session,  in  which  nothing  of  much 
moment  was  transacted. 

The  Court  (for  all  the  province  was  already  di- 
vided mto  two  parties)  made  an  ineffectual  opposi- 
tion to  Mr.  Morris's  introducing  his  son  Lewis  into 
the  Assembly,  as  the  Burgess  of  the  town  of  West- 
chester. One  Forster,  a  schoolmaster,  and  appointed 
Clerk  of  the  Court  by  Mr.  Cosby,  was  set  up  against 
Mr  Morris,  and  supported  by  Mr.  Delancey  and  Mr. 
Fh.lipse,  who  canvassed  against  the  old  Judge,  who 
offered  himself  to  the  county.  The  Quakers  were  all 
set  aside  by  the  Sheriff  Cowper,  who  insisted  upon 
an  oath  instead  of  the  affirmation,  to  prove  their 
treeholds ;  a  violence,  however,  which  laid  the  foun- 
dation for  a  law  in  their  favour,  while  it  added,  for 
the  present,  to  the  general  discontent,  already  risen 
so  high  in  the  capitol,  that  their  joy  on  Mr.  Morris's 
next  arrival  there,  was  announced  by  the  explosion 
of  the  cannon  of  the  merchants'  ships  in  the  harbour 
and  by  the  citizens  meeting  and  conducting  him 
with  loud  acclamations,  to  a  public  and  splendid' 
entertainment. 

The  arts,  common  in  such  ferments,  were  played 
ott  by  the  leaders  of  the  opposition.  Zenger's  Weekly 

Tin  ^^^figaged  in  their  service,  and  a  great 
part  filled  with  extracts  from  the  spirited  papirs  of 
Irenchard,  Gordon,  and  other  writers  on  the  popu- 
lar side ;  while  Bradford's  Gazette  was  employ  ed  to 
defend  the  Governor  and  his  party. 

In  the  course  of  the  winter  of  1734,  two  vessels 
arrived  for  provisions  from  Louisburgh,  where  such 
strong  lortifications  were  erecting  as  excited  the  iea- 
lousy  of  all  the  northern  colonies;  and  the  circum- 
stance of  their  sounding  the  passage  up  from  the 
Hook  being  discovered,  an  advantage  was  taken  of 
It,  and  an  affidavit  taken  to  prove  it,  published  in  the 
papers.    The  odium  fell  on  the  Governor,  as  counte- 

rrthT^^l^  If  "^"  i^^l/^S?''"!.  ^^^  P"*"*  ^"'J  colony 
to  the  French ;  and  Mr.  Van  Dam  made  this  one  of 

the  articles  of  the  charge  of  raal-administration, 


til" 


•I 


•VapHMfnqvwpp 


■^•■■■•■If 


8  [Chap.  I. 

which  he  transmitted  against  him,  though  there  did 
not  appear  the  least  ground  for  the  imputation. 

At  the  parting  of  some  company  from  Mr.  Alexan- 
der's, late  in  the  evening  of  the  1st  February,  an  in- 
cendiary letter  was  picked  up  in  the  hall.  It  had 
been  shoved  under  the  outer  door,  and  was  instantly 
pronounced  by  Mr.  Alexander  to  be  the  handwriting 
of  Mr.  Harison,  then  a  member  of  the  Council.  It  was 
in  these  words : — 

"  To  Mr.  Alexander  : 

« I  am  one  who  formerly  was  accounted  a  gen- 
tleman, but  am  n^w  reduced  to  poverty,  and  have  no 
victuals  to  eat ;  and  knowing  you  to  be  of  a  generous 
temper,  desire  you  would  comply  with  my  request, 
which  is,  to  let  me  have  ten  pistoles,  to  supply  my  ne- 
cessaries and  carry  me  to  my  native  country.    This 
is  a  bold  request,  but  I  desire  you  would  comply  with 
it,  or  you  and  your  family  shall  feel  the  effects  of  my 
displeasure.     Unless  you  let  me  have  them,  I'll  de- 
stroy you  and  your  family  by  a  stratagem  which  I 
have  contrived.  If  that  don't  take  the  desired  effect, 
I  swear  by  God  to  poison  all  your  tribe  so  surely, 
that  you  shan't  know  the  perpetrator  of  the  tragedy. 
I  beg,  for  God's  sake,  that  you  would  let  me  have  the 
money,  and  hinder  me  from  committing  such  a  black 
deed.    I  know  you  can  spare  it,  so  desire  you  would 
let  me  have  it.  Saturday  night,  about  7  o'clock,  leave 
it  by  the  cellar  door,  wrapped  up  in  a  rag,  and  about 
an  hour  after,  I  will  come  and  take  it :  put  it  on  the 
ground  just  where  I  put  the  stick.  If  you  don't  leave 
ft,  I  advise  you  not  to  drink  your  beer  nor  eat  your 
bread,  if  you  value  your  life  and  healths,  for  by  my 
soul,  I  will  do  what  I've  mentioned.   If  I  find  any 
watch  to  guard  me  in  taking  of  it,  I'll  desist  and  not 
take  it,  but  follow  my  intended  scheme,  and  hinder 
you  from  acting  any  more  on  the  stage  of  life.  If  you 
comply,  I'll  never  molest  you  more ;  but  if  not,  I'll 
hazard  my  life  in  destroying  yours,  and  continue  what 
T  am." 


■itliivtmi.  > i<»M»i»»v.i ■' >-nm:'  >i^v>'  '■»*'" 


[Chap.  i. 

1  there  did 
ation. 

Ir.  Alexan- 
larj,  an  iu- 
11.  It  had 
)s  instantly 
andwriting 
icil.  It  was 


nted  a  gen- 
nd  have  no 
a  generous 
ly  request, 
)ply  my  ne- 
itry.  This 
omply  with 
lects  of  my 
em,  I'll  de- 
;m  which  I 
sired  effect, 
!  so  surely, 
he  tragedy, 
tie  have  the 
ich  a  black 

you  would 
:lock,  leave 
;,  and  about 
ut  it  on  the 
don't  leave 
lor  eat  your 
,  for  by  my 

I  find  any 
sist  and  not 
and  hinder 
'life.  If  you 
t  if  not,  I'll 
ntinue  what 


1734.] 


9 


^IthV  iP^'t''^  to  disguise  the  hand,  which  Mr. 
bmith,  Mr.  Hamilton,  Mr.  Lurting  the  Mayor,  all  pro- 
nounced to  be  Mr.  Harison's,  it  was  conjectured  ?hat 

nlf fT?!,"^*'  *^  r^'^'^'H^  ^  ^^''^'^^^  prosecution, 
establish  the  precedent  of  convicting  on  the  proof  of 
a  similitude  of  hands,  and  then,  by  counterfeiting  the 
writing  of  one  of  the  demagogues  of  the  day,  to  br  ng 
him  to  the  gallows,  while  the  Governor's  friends  w"  rf 
to  escape  by  pardon. 

It  was  therefore  with  great  earnestness  that  Mr. 
A  exander,  under  the  influence  of  that  susoicinn 

when  cajed  before  theGrandJury,contendS 
their  finding  an  indictment  only  upon  such  evitfence 
and  with  caution  and  reserve  that  he  mentioned  Mr 
Harison's  name,  as  the  Grand  Jurors  themselves  after- 
wards  certified  They  contented  themselves  wi?h  a^ 
address  to  he  Governor,  acquainting  him  that  they 
could  not  discover  the  author,  being  Ible  to  have  thj 
evidence  no  higher  than  a  resembllnce  between  the 
letter  and  his  writing;  that  least  a  presentment  or 
indictment  by  them  upon  such  evidence,  should  prove 

fhiv  E  A  ?T^''?u  ^"*!  "'"''*^^"*  P«^««n  "Pon  the  oath 

Thl   I    *^?;  ??^^  ^"'^'  "«'  *^«"««  «nj  individual. 
They  besought  him,  nevertheless,  to  issJe  a  procla. 

Tu^CoTt  XnT."  ^'  '^'^"^''  '^'  ^^'^^^^  '^^ 
This  matter  was  laid  before  the  Council,  and  re- 
ferred to  Messrs  Harison,  Van  Horn,  Ken&dy,  dI 
lancey,  Courtlandt,  Lane,  and  Horsmanden,  who,  as 
a  committee  proceeded  to  make  the  necessary  enqut 

Mr  Oh  r^  ^"^  ^  "^P^"*-  ^'  ^''  Alexanir  2nd 
Mr.  Smith,  who  were  summoned  to  attend  there  re- 
fused to  appear,  while  Harison,  the  suspected  aShor 
r^r  «^^  committee,  and  Mr.  Alexander,  a  member 
of  the  Board,  left  out,  they  proceeded  only  upon  the 
thouXTh  ^^  f'  »/»"»<>"  and  Mr.  Lur^tinfrand 
nn^rS  J  ^^  A^'''^^^  ^  proclamation,  offering  fifty 
pounds  for  f  discovery,  yet  they  reported  it  af  their 
opinion,  that  Mr.  Harison  was  entirely  innocent  of  the 
infamous  piece  of  viUany  laid  to  his  charge  •  that  h^ 
was  incapable  of  being  guilty  of  so  foul7deed ;  iJd 


W 

m 


j^>  [Chap.  I. 

♦hat  the  letter  was  a  most  wicked,  scandalous,  and 

Irtf  .1  malicious,  and  evil-unnded'  persons,  to  traduce 
and    ilTfy  h^^^  «f »"  honourable  member  ot 

h  8  Ma  /sty's  Council  of  this  provmce,  and  thereby 
render  him  odious  and  infamous  to  mankn.d 

Whe  her  the  Governor  was  let  into  the  design  of 
the  author  of  the  letter,  was  never  discovered;  though 
Inle  stre'b  was  laid  upon  words  dropped  by  a  man 
S«.teTthe  family,  who,  conH..g  home  n.  h.s  cups 
In  P^n  the  evening  shortly  before  the  letter  was  tound 
la^d  ^scheme  was  executed  to  hang  Alexander  and 
Mth  and  Mrs.  Cosby  frequently,  and  without  re- 
se"  e  ha"  <leclared  thit  "it  was  her  Inghest  wish  to 
see  them  on  a  gallows  at  the  tort  gate. 

r™rpol    n?„rcllr,  addres,  to  the  CUy 

■^SionlU  be.„  concerned  ^'VJ^Trt  ouC 

tlement  with  Connecticut. 

The  petitioners  were  in  this  way  to  ©e  jrecom 
sensed  For  two  thousand  pounds  expended  in  effect- 
FnTthe  establishment  of  the  eastern  line  of  the  colony. 
Wlue  the  ba^^  of  t:.e  surrender  was  negotiating 
Harison  had  perfidiously  revealed  the  design  to  Sir 
Joseph  EWes,  the  Duke  of  Chandois  and  others,  and 
'  Iromoted  them  to  sue  out  a  patent  in  England.  It 
prompiea  "»*^'"  "  .  ^  \7M,  upon  erroneous 
issued  there  on  the  loin  iviay,  •  «•»•»  "r  ,., 

issueu  iuc  description,  which  did  not 

fSttheul  meant  to  be  Taken  up,  and  which 
^"c^lSf  r'hiriai  by  which  they  had  been 


I'' 


■4iHMM 


jjiiii iTri* w iimft  nil"-     '"•*'    "'"• 


[Chap.  I. 

ilous,  and 
I,  by  some 
io  traduce 
nember  of 
id  thereby 
id. 

design  of 
ed; though 

by  a  man 
In  his  cups 
Wiis  found, 
tander  and 
vithout  re- 
lest  wish  to 

pite  of  the 
lade  all  the 
i  to  the  City 
as,  suggest- 
1  forged  the 
efutation  of 
'  his  enmity, 
n  prevalent 

1  and  others 

part  of  the 

f  on  the  set- 

I  be  recom- 
ed  in  effect- 
)f  the  colony, 
negotiating, 
design  to  Sir 
3  others,  and 
England.    It 
on  erroneous 
hich  did  not 
p,  and  which 
>morie  before 
ison  had  time 
ley  had  been 


17J4.] 


11 


deceived,  and  on  which  account  he  had  iustly  ex- 
posed  himself  to  ceiwurc  on  both  sides  of  the  water 
Add  to  this,  the^t  at  the  very  time  oliiiidinff  the  in- 
cendiary letter,  Mr.  Harison  was  under  a  prosecution 
tending  to  overwhelm  him  with  disgrace  :  be  had  pro- 

Tw?  T,  **"*"*"  ^9^  *'^'*  hundred  pounds  in  the  name 
of  Wheldon,  against  one  Trusdel,  who  had  been  his 
servant.  The  defendant  was  reduced  to  great  straits 
by  the  action,  and  complained  to  his  creditor,  who 
knowing  nothmg  of  the  prosecution-  took  Trusdel  to 
be  insane.  When  it  was  discovered  that  Mr.  Harison 
had  ordered  the  wr-i  in  October  1732,  to  gratify  a 

Gyi"?^*"^  ^l'^  °'^".'  ""*^  ^'^^^"^  any  authority  from 
Wheldon,  he  retained  Mr.  Alexander  and  Mr.  Smith 
to  avenge  the  poor  man  he  had  injured.  The  Grand 
Jury  presented  Harison,  and  Trusdel  in  a  civil  process 
was  cast  m  the  trial.  It  was  afterwards  published, 
and  exhibited  such  proofs  of  the  ingratitude,  cruelty 
dissimulation,  and  injustice  of  Mr.  Harison,  that  he 
soon  after  fled  to  England. 

I.Ja^  Attorney  General,  in  tenderness  to  a  man  who, 
besides  his  place  in  Council,  was  Judge  of  the  Vice 
Admiralty,  Examiner  in' Chancery,  and  Searcher  of 
the  Customs,  neglected  to  put  the  presentment  in 
fT-  Av^^^^  subsequent  Grand  Juries  complained 
ot  this  delinquency  unnoticed,  and  the  criminal  kept 
his  ground  till  1735,  when  the  fourth  Grand  Jury  r?- 
solved  he  should  be  screened  no  longer,  and  pre- 
sented an  indictment  in  form.  ^ 

The  political  writers,  by  their  industry  and  ad- 
dress captivated  the  minds  of  the  populace,  who  now 
ascribed  every  thing  they  felt  or  feared,  to  the  ma^ 
admmistration  of  their  rulers.  To  undeceive  and 
assuage  them,  Mr.  Cosby  convened  the  Assembly  in 
v/a'h  ^u    f 'y^  being.secured  for  several 

frTM  T^'-  ^^'  ^^^  "^  formidable  apprehensions 
from  Mr  Morris's  intrigues  in  the  House ;  and  by  his 
friends,  Mr.  Ddancey  the  new  Chief  Justice's  father, 
Mr  Phihpse  the  speaker,  and  his  nephew,  the  second 
Judge,  and  their  influence  upon  others,  he  hoped  to 
bear  down  the  opposition.  His  speech  was  a  confes- 


;* 

;:'i 


f 

u 


"Illllpll 


12  ♦  [Chap.  I. 

Hion  of  the  reality  what  the  public  invectives  had  as- 
serted.    He  admitted  the  decay  of  t/ade,  which  his 
adversaries  had  imputed  to  his  misrule  and  the  flight 
of  the  inhabitants,  though  he  ascnbed  it  to  their  ne- 
glect of  ship-building,  and  the  employment  of  Ber- 
mudians  as  their  carriers,  and  the  want  of  inspectors 
to  support  the  credit  of  flour,  the  mam  staple  of  the 
colony*.     He  urged  them  to  fortify  the  two  cUies  of 
New-Vork  and  Albany,  accordina  to  plans  he  had 
proposed.     He  recommended  a  duty  of  tonnage  on 
Foreign  vessels,  and  a  stamp  duty  upon  law  proceed- 
ings  and  conveyances;  and  computed  that  the  un- 
certain produce  of  the  latter  should  remain  in  their 
own  Treasury,  for  future  application    He  exclaimed 
against  the  importation  of  negroes*  and  convic  b 
u?ged  a  provision  for  maintaining  smiths  and  artifi- 
I  cefs  amoSg  the  Indians,  to  counteract  the  artiflces  of 

•i  the  French ;  and  promised  his  concurrence  in  any 

law  for  the  defence  of  the  orovince,  the  encourage- 
i  I  ment  of  commerce,  agrici^ture,  and  manufactures, 

the  arts  and  the  scienceR.  .  . 

The  Assembly  expressed  their  gratitude  ,n  very 
affectionate  terms,  and  promised  tTieir  ^"ention  to 
these  objects.  The  Council,  m  concert  with  the  Go- 
vemor's  conciliatory  schemes,    sent  down  to  the 
Lower  House,  a  bill  in  favour  of  the  Quakers  within 
two  days  after  a  petition  had  been  presented  to  the 
Assembly  in  theifbehalf.  .  The  plans^f  ,;^«  »™^^^^^^^ 
for  a  horseshoe  battery  in  New-York,  a  fort  at  Al- 
bany,  and  another  at  Schenectady,  at  the  expense  of 
neaJ  eighteen  thousand  pounds,  were  communicated, 
and  an  act  passed  to  ratse  money,  and  promote  our 
own  navigation  by  a  duty  of  tonnage.    f»opular  mo- 
Sons  wirf  also  mide  by'the  court  party :  a  bill  was 
brought  in  to  introduce  the  balloting  of  jurors.  Judge 
PhiUpse  complained  of  the  exorbitancy  of  the  fees  of 

*  A  DoU-t«  upon  negroes,  and  a  stamp  duty,  l'«i'>e  J^S^'^reX*. 
»)iray»  fond  of  those  funa*. 


j»BIUllBI.IMlWBUliBt» 


'^mmm 


[Chap.  1. 

18  had  as- 
which  his 
the  aight 

their  lic- 
it of  Ber- 
nspectors 
pie  of  the 
5  cities  of 
18  he  had 
onnage  on 
f  proceed- 
at  the  un- 
lin  in  their 
exclaimed 

convicts ; 
and  artifi- 
artifices  of 
ice  in  any 
encourage- 
nufactures, 

de  in  very 
ttention  to 
ith  the  Go- 
wn to  the 
ters,  within 
nted  to  the 
d  estimates 
fort  at  Al- 
expense  of 
imunicated, 
>romote  our 
*opular  mo- 
:  a  bill  was 
rors.  Judge 
if  the  fees  of 


frequently  urged 
he  chair,  renders 
ompting:  he  was 


1734.} 


13 


officers  and  lawyers,  and  a  b.ll  was  ordered  for  regu- 
lating them  :  Mr.  Delancey  moved  another,  for  limU- 
ing  the  continuance  of  Assemblies,  to  which  the 
House  would  consent,  if  the  elections  wore  triennial. 
1  he  multitude,  however,  put  no  confidence  in  their 
appearances,  and  petitions  were  circulated  to  stimu- 
late their  representatives  to  real  services:  two  were 
preferred  on  the  28th  May,  one  from  the  citizens  of 
JVew-York,  and  another  from  the  inhabitants  in  West- 
chester.    A  third  soon  after  came  up  from  Queens 
county;  all  urgi,^  a  law  to  settle  fees  and  courts,  for 
preserving  the  liberties  and  properties  of  the  people 
Irom  arbitrary  encroachments.  "^ 

The  aim  of  the  opposition  was  to  overturn  the 
l.ourt  of  Exchequer ;  and  on  the  31st  May,  they  car- 
ried a  resolve  for  hearing  Messrs.  Murray  and  Smith, 
two  principal  lawyers  of  different  parties,  upon  that 
part  of  the  petitions  respecting  Courts  of  Justice,  for 

Ilo^se'*  ^^  "^°"  *^^  ^"^  *"'"'  ^^'^^^^  before  the 
The  7th  of  June  was  appointed  for  this  unparlia- 
mentary condescension  of  the  Assembly.  The  law- 
yers appeared  there,  not  as  counsel  for  the  petition- 
ers, but  assistants  of  the  Legislature.  The  doors  were 
thrown  open  to  satisfy  the  general  curiosity,  and  the 
orators  admonished  that  the  House  expected  their 
opmions  candidly,  sincerely,  and  upon  honour. 

Mr.  Murray,  the  senior  counsel  at  the  bar,  beinff 
not  prepared,  Mr  Smith  began,  and  spent  three  hour! 
in  that  memorable  speech  which  I  have  already  ta- 
ken notice  of.  Mr.  Murray  was  heard  five  days  after- 
wards, and  then  both  were  dismissed,  with  thi  thanks 
of  the  House^  The  doctrine  of  the  former  was,  that 
no  Court  of  Equity  could  be  erected  in  the  colony  by 
any  act  of  the  crown.  The  latter  argued,  thJthl 
four  great  Courts  of  Chancery,  King's^Bench,  Com! 
mon  Pleas  and  Exchequer,  were  of  original  jurisdic- 
tion,and  founded  on  immemorial  usage!  but  conceiv- 

th«Mhf  "/m"!*"**  **H'*^-  ^^  expressed  his  fears 
that  the  establishment  of  them  by  a  new  law,  would 


.:tl 


f* 


m 


'^Mt 


j^  [Chap.  r. 

raise  doubts  of  our  title  to  the  rights  antl  privileges 
of  Knjrlishmen;  and  therefore  he  thought  it  expedi- 
ent to  go  further  than  merely  to  regulate  them,  as  had 
been  done  i  England,  by  a  law  to  estabhsh  the 
tenure  of  the  Judges'  commisiiion  durmg  their  good 

behaviour.  ,   ,  .      .     i 

The  Senators  were  eonfounded  by  the  long  argu- 
guments  they  had  hiard,  and  requested  copies  tor 
the  press,  postponing  any  further  measures  until  tht^ 
had  taken  the  sentiments  of  their  constituents. 

The  advocates  for  Mr.  Smith's  opinion  had  no  oros- 
pect  of  establishing  the  courts  by  a  law  of  the  co  ony, 
but  only  of  drawing  the  House  into  the  quarrel  be- 
tween the  Governor  and  Mr.  Van  Dam ;  for  they  fore- 
saw that  he  would  put  a  negative  upon  any  bill  sent 
up  for  that  purpose.  It  did  not  follow  from  his  autho- 
rities, as  some  imagine,  that  no  court  could  be  open- 
ed and  organised  in  the  colony  without  the  aid  ot  the 
Legislature;  nor  would  the  passing  of  an  act  lor  that 
purpose,  in  the  least  degree  shake  our  titles,  as  Mr. 
Murray  asserted,  to  any  other  rights  and  privileges 
to  which  we  are  entitled  by  the  common  laws  ol 

England.  ,   ,  ..      u 

Neither  of  these  gentlemen,  had  the  question  been 
proposed  by  the  House,  would  have  denied  that  the 
colony  was  entitled,  for  instance,  to  a  Court  of  King  s 
Bench,  nor  that  the  law  constituting  the  Judges  ot  it, 
sufficient  for  their  exercise  of  all  the  powers  oi  the 
Court  of  King's  Bench  at  Westminster,  and  so  re- 
specting either  of  the  other  courts.  . 

Mr  Smith's  law  authority  did  not  militate  against 
such  a  court,  because  it  would  not  be  creating  a  new 
court;  and  if  the  crown  had  exceeded  its  authority 
in  modelling  it,  by  an  ordinance  or  commission, 
though  that  act  might  be  void,  the  right  to  such  court 
would  still  exist,  because  it  is  not  in  the  power  of  the 
crown  to  repeal  an  old  law,  and  extinguish  the  rights 
and  privileges  of  the  subjects.  Had  the  Governor 
appointed  other  Barons,  all  clamor  against  the  le- 
gality  of  the  Court  of  Exchequer  must  have  ceased, 
and  Mr.  Van  Dam's  only  advantage  a  change  ot  his 


i~-«i-i  *—tji»i*^ 


[Cliap.  f. 

privileges 
It  expeili- 
em,  ns  had 
tiblish  the 
their  good 

long  nrgu- 
copies  for 
3  until  they 
entB. 

ad  no  pros- 
the  colony, 
quarrel  be- 
r  they  forc- 
ny  bill  sent 
\  his  autho- 
Id  be  open- 
e  aid  ot  the 
act  for  that 
ties,  as  Mr. 
1  privileges 
ion  laws  of 

estion  been 
ied  that  the 
irt  of  Kind's 
fudges  of  it, 
iwers  of  the 
and  so  re- 

itate  against 
lating  a  new 
its  authority 
commission, 
B  such  court 
power  of  the 
sh  the  rights 
tie  Governor 
ainat  the  le- 
have  ceased, 
hange  of  his 


1734.] 


U 


Judges,  unless  Mr.  Delancey  and  Mr.  Pliijipsc  pre- 
ferred seats  in  the  Exchequer  Bench  to  the  Bench  of 
the  Supreme  Court. 

^  But  i.olhing  was  less  the  intonfi-M,  of  the  ,  (intend- 
ing parties  than  a  just  and  friendly  j.ac-ification  ;  for, 
It  ttie  GovtMiior  wished  the  decision  of  (lie  control 
versy  upon  tair  terms,  what  was  more  natural  than  to 
have  proposed  at  his  tirst  coming,  either  an  amiable 
suit  at  law.  or  the  submission  of  it  to  independent  and 
unbiassed  lelerees,  either  here  or  in  England.  And 
the  injurious  project  of  seeking  a  mean  advantage 
against  his  antagonist,  can  only  be  atoned  for  by  the 
virtuous  jealousy  it  excited,  [n  a  Colony  which  de- 
rived  many  benefits  from  the  troubles  of  the  day 

As  Mr.  Smith's  speech  added  many  new  proselytes 
to  the  opposition,  the  Governor  grew  alarmed,  and, 
to  counteract  It,  changed  his  distance  and  reproof 
into  mean  condescension  to  the  people,  the  better  to 
effect  the  new  project  of  revenging  fiimself  upon  the 
chief  leaders  by  prosecutions  at  law.  Persons  of 
interior  stations  were  invited  to  the  Fort  and  dined 
a  his  table,  some  of  ivhom  signed  an  address  ap- 
plajjding  the  mildness  of  his  administration. 

The  new  Chief  Justice,  who  had  before  laboured 
to  indict  Zenger,  whose  paper  was  the  vehicle  of  in- 
vective and  satire  against  the  Governor,  and  his  ad- 
herents,  renewed  his  efforts  in  the  term  of  October 

Sk^  a  I  k*?k7  ^^e^^^'-ta'"  low  ballads,  which 
he  charged  to  be  libels :  "Sometimes  (says  the  Judged 
heavy,  half-witted  men  get  a  knack  of  rhyming,  but 
It  18  time  to  break  them  of  it,  when  they  grow  abu- 
sive, insolent,  and  mischievous  with  it."  The  bal 
lads  being  presented,  were  ordered  to  be  burnt  bv 
the  common  whipper;  and  the  inquest  on  their  a£ 
dressing  the  Governor  for  a  proclamation,  offering  a 
reward  for  a  discovery  of  the  author,  received  aera- 
C10U8  answer.  ° 

The  Council,  about  the  same  time,  urged  the  As- 
sembly to  a  conference,  for  detecting  thi  writer  of 
certain  other  hbels  in  Zenger's  journal.  Several 
met  accordmgly  with  the  Cfouncil  Committee,  who 


18 


[1731. 


were,  Messrs.  Claric,  Harison,  Golden,  Livingston, 
Kennedy,  Chief  Justice  Delancey,  Courtlandt,  Lane, 
and  Horsmanden.  The  latter  desired  the  concur- 
rence of  the  House  in  an  address  to  the  Governor, 
for  the  prosecution  of  the  priftter,  the  detection  of 
the  author,  and  a  proclamatioii  stimulating  the  Ma- 
gistrates to  greater  exertions  for  the  preservation  of 
peace.  The  Assembly  met,  and  ordered  the  papers 
to  be  kept  by  their  Clerk,  postponing  the  considera- 
tion of  the  matter  to  a  further  day ;  and  when  that 
arrived,  ordered  the  libels  and  proposal  of  the  Coun- 
cil to  lie  on  the  table. 

Despairing  of  any  aid  from  the  Assembly,  they  re- 
demanded  their  papers,  and  converting  themselves 
instantly  into  a  Privy  Council,  made  an  order  for 
burning  the  libels,  and  then  directed  the  following 
entry  in  their  minutes : 

«  At  a  Council  held  at  Fort  George,  in  New- York, 
the  2d  of  November,  1734 : 

PRESENT, 

His  Excellency  William  Cosby,  Esq.  Captain  Gene- 
ral and  Governor  in  Chief,  &c. 
Mr.  Clarke,      Mr.  Livingston,        Mr.  Courtlandt, 
Mr,  Harison,     Mr.  Kennedy,  Mr.  Lane, 

;«Dr.  Coloen,      Mr.  Chief  Justice,    Mr.  Horsmanden. 

"  Whereas,  by  an  order  of  this  Board  of  this  day, 
i^ome  of  John  Peter  Zenger's  journals,  entitled  '  The 
New- York  Weekly  Journal,  containing  the  freshest 
aidvices  foreign  and  domestic,'  Nos.  7,  47,  4U,  49, 
were  ordered  to  be  burnt  by  the  hands  of  the  com- 
fnon  hangman  or  whipper,  near  the  pillory  in  this 
city,  on  Wednesday  the  6th  inst.  between  the  hours 
of  eleven  and  twelve  in  the  forenoon,  as  containing 
m  them  many  things  tending  to  sedition  and  faction, 
to  bring  his  Majesty's  government  into  contempt, 
and  to  disturb  the  peace  thereof;  and  containing  in 
them  likewise  not  only  reflections  upon  his  Excel- 
lency the  Governor  in  particular  and  the  Legislature 
in  general,  but  also  upon  the  most  considerable  per- 


^       .  L 

""rLfcB.iit,i-Ljimi^**^'"'  ■*■■■*■■■ — <— ■- 


'!9s^mifs*ti'M  Li  J»iniM!lnU>imiigaiK  IP  jWxiM^iH  n 


[1734. 

Livingston, 
tlandt,  Lane, 
the  concur- 
le  Governor, 
detection  of 
ting  the  Ma- 
eservation  of 
id  the  papers 
le  considera- 
id  when  that 
lOftheCoun- 

nbly,  they  re- 
g  themselves 
an  order  for 
the  following 


n  New-York, 


/aptain  Gene- 
fee. 

Courtlandt, 
Lane, 
,  Horsmanden. 

:d  of  this  day, 
entitled 'The 
ig  the  freshest 
7,  47,  4»,  49, 
is  of  the  com- 
pillory  in  this 
een  the  hours 
,  as  containing 
on  and  faction, 
into  conteinjpt, 
d  containing  in 
pon  his  Excel- 
the  Legislature 
[isiderable  per- 


1734.] 


17 


sons  in  the  most  disting.  shed  stations  in  this  Pro- 
vince. It  is  therefore  ordered,  that  the  Mayor  and 
Magistrates  of  this  city  do  attend  at  the  burning  of 
the  several  papers  or  journals  aforesaid,  numbered 
as  above  mentioned." 

When  the  Sheriff  moved  for  the  compliance  of  the 
Magistrates  at  the  Quarter  Sessions,  the  Court  would 
not  suffer  the  order  to  be  entered,  and  the  Aldermen 
offered  a  protest  against  it,  as  an  arbitrary  and  ille- 
gal injunction.     Harison,  the  Recorder,  was  present, 
•  and  put  to  a  defiance  for  its  justification.    He  men- 
tioned  the  example  of  the  Lords  in  Sacheveral's  case, 
and  their  proceedings  against  Bishop  Burnet's  pas- 
toral letter,  and  withdrew.     They  forbid  even  their 
whipper  to  obey  it,  and  his  place  was  supplied  by  a 
negro  slave  of  the  Sheriff's ;  the  Recorder,  and  a  few 
dependants  upon  the  Governor,  honoring  the  solem- 
nity of  executing  this  edict  with  their  presence.  Not 
many  days  after  Zenger,  in  pursuance  of  a  procla- 
inaiion,  was  seized,  thrown  into  jail,  and  denied  pen, 
ink  and  paper.     His  friends  procured  a  habeas  cor- 
pus for  his  enlargement.     The  exceptions  to  his  re- 
turn was  argued  by  his  counsel,  Messrs.  Alexander 
and  Smith. 

The  prisoner  swore,  that,  except  the  tools  of  his 
trade,  he  was  not  worth  forty  pounds  in  the  world, 
and  yet  bail  was  exacted  in  the  penalty  of  eight  hun- 
dred pounds ;  upon  this  he  was  enlarged,  and  being 
well  supported,  prosecuted  his  paper. 

Of  the  several  bills  before  the  House,  which  con- 
tmued  sitting  to  the  28th  November,  the  Governor 
was  most  solicitous  for  that  regulating  the  militia,  and 
another  to  emit  bills  of  credit  to  the  value  of  twelve 
thousand  pounds.  Both  were  carried,  to  the  great 
joy  of  the  court  party.  By  the  offices  and  distinc- 
tions  which  the  former  enabled  the  Governor  to  con- 
fer, and  the  influence  to  be  gained  by  the  latter,  he 
was  enabled  to  employ  the  lower  classes  in  construct- 
ing the  intended  fortifications,  and,  of  course;  had 

3 


''I 


mmnfipiiqip 


16  i^^^^l''  *' 

a  prospect  of  dividing  and  weakening  the  torrent  of 

opposition. 

Against  the  bill  for  emitting  money,  there  was  an 
instruction,  requiring  a  clause  to  suspend  its  opera- 
tion till  the  royal  pleasure  could  be  known.  It  was 
expedient  to  the  Governor's  aims,  that  the  Kind's  com- 
mand should,  nevertheless,  be  disobeyed,  it  being 
very  naturally  conjectured  that,  in  a  time  of  profound 
peace,  a  probationary  law  could  not  be  very  speedi- 
ly confirmed.  To  exculpate  the  Governor,  Mr.  Chiet 
Justice  Delancey,  after  the  bill  was  gone  up  to  his 
Excellency,  brought  a  copy  of  the  royal  prohibition 
to  the  Assembly,  and  requested  a  committee  of  their 
House  to  meet  certain  members  of  the  Council,  to 
form  a  joint  address  of  both  Houses  importuning  him 

to  pass  it.  .      ™  M-  1 

Mr.  Delancey  the  elder,  Mr.  Justice  Philipse,  and 
several  others,  met  to  execute  the  scheme  that  very 
evening,  and  the  next  day  the  address  was  reported, 
approved,  and  presented,  but  not  without  some  op- 
position ;  for  the  country  party  carried,  at  the  same 
time,  a  motion  requesting  the  Governor  to  dissolve 
that  Assembly,  to  which  his  friends  the  more  readily 
yielded,  as  his  Excellency  agreed  to  take  the  odium 
to  himself  of  refusing  their  request,  in  return  for  their 
intercession  to  save  him  from  the  indignation  ol  the 

Exasperated  at  the  menaces  of  the  Governor,  and 
their  despair  of  prevailing  upon  the  Assembly  to 
check  his  designa,  the  demagogues  formed  the  pro- 
iect  of  presenting  an  accusation  against  him  to  the 
King.  The  complaint  was  to  be  trusted  to  the  su- 
perceded Chief  Justice,  but  it  was  thought  necessary 
that  the  design  should  be  a  secret  till  he  was  actually 
embarked ;  for,  without  leave  of  absence,  he  would 
endanger  his  seat  in  the  House. 


*  The  reader  wUl  find  further  instances  of  such  artifices,  naturally  to 
\M  expected  when  the  Colony  Legislatures  are  in  league  to  promote  the  m^ 
terest  of  each  other. 


.Ifcliljr'tllll-iltllli i  I  "ff    "       ii»..iii* 


[Chap.  I. 

orrent  of 

s  was  an 
ts  opera- 
It  was 
ng^s  oom- 
it  being 
profound 
y  speedi- 
Mr.  Chief 
up  to  his 
'ohibition 
e  of  their 
ouncil,  to 
uning  him 

lipse,  and 
that  very 
reported, 
some  op- 
the  same 
o  dissolve 
re  readily 
the  odium 
•n  for  their 
tion  of  the 

ernor,  and 
isembly  to 
i  the  pro- 
him  to  the 
to  the  su- 
t  necessary 
ae  actually 
I,  he  would 


es,  naturally  to 
promote  the  in- 


1735.] 


H 


MmWIl.  W'H ''t'lWJ'  — I 


Mr.  Morris  had  a  farm  on  the  sea-coast  of  New- 
Jersey,  for  which  Province  he  was  of  the  Council,  and 
where  he  someUmes  resided,  as  well  for  the  dis- 
charge  of  his  office,  as  the  care  of  a  very  opulent 
fortune  m  that  Colony.     Before  the  ship  4s  Wdy 
lor  the  voyage,  he  asked  leave  to  go  home,  and  it  was 
granted  without  forther  explanation.     He  ;epai,.ed  to 
Shrewsbury  house,  and  made  his  dispositions  without 
observation.     From  thence  he  took  ship,  nor,  till  his 
actual  departure,  was  there  any  inquiry  concerning 
the  double  construction  of  the  prfmission  he  had 
obtained  to  authorize  his  absence  from  the  House. 

1  he  Grand  Jury  of  the  term  to  which  Zengcr  was 
bound  over,  refusing  to  indict  him,  Mr.  Bralley  the 
Attorney  General,  proceeded  against  him  by  infor- 
mation, and  his  patrons,  to  puzzle  the  prosecutor, 
ventured  to  impeach  the  authority  of  his  Judges. 

His  counsel,  in  April  term  1735,  took  oyer  of  their 
commissions,  and  signed  and  filed  exceptions  to  them: 
1st.  To  the  tenure,  which  was  will  and  pleasure,  as 
contrary  to  the  statute  of  William  the  tliird.  Mly! 
th^.*  Tl^^'n'^  o^  the  same  persons  with  the  ai 
thority  of  the  Common  Pleas.  3dly.  To  the  form,  as 
not  warranted  by  the  common  or  statute  law,  or  Lny 

thlt  *  r  ^'***?r^-     ^^^^y-  ^'^  ^^^  ™t  of  eiidence 
that  the  Council  concurred  in  the  appointments. 

The  Judges  lo«t  all  temper  at  the  tender  of  the 
exceptions,  and  desired  the  defendant's  counsel  to 
T?.  u '".i?®  consequences  of  their  offer.  They  re- 
plied boldly,  that  tley  had :  Mr.  Smith  added,  that 
he  was  so  well  satisfied  of  the  rights  of  the  subject 
to  except  to  the  commission  of  his  Judges,  if  he 
thought  It  Illegal  that  he  would  stake  hisVi  upon 
the  question,  and  desired  to  be  heard  upon  tW 
selves  "*  ^^  *"  support  of  the  exceptions  them- 
The  matter  was  adjourned,  and  upon  Mr.  Smith's 

rZ7?^^^^  '?^*'^"'  *?^  "^**  ^^y  O^th  April),  the 
Chief  Justice,  in  great  heat,  said,  «  fte  would  neither 
allow  nor  hear  the  exceptions.  You  thought  to  have 
gained  a  great  deal  of  popularity  and  applause  by 


I 


<Wf«'*^^WB 


mim^ 


20         '  [Chap.  I. 

opposing  this  Court  as  you  did  the  Court  of  the  Ex- 
chequer, but  you  have  brought  it  to  that  point,  that 
either  we  must  go  from  the  bench,  or  you  from  the 
bar"— handing,  at  the  same  time,  the  minute  to  the 
Clerk  to  be  entered :— "  James  Alexander,  Esq.  and 
William  Smith,  attorneys  of  this  Court,  having  pre- 
sumed (notwithstanding  they  were  forewarned  by  the 
Court  of  their  displeasure  if  they  should  do  it)  to  sign, 
and  having  actually  signed  and  put  into  Court,  ex- 
ceptions in  the  name  of  John  Peter  Zenger,  thereby 
denying  the  legality  of  the  Judges,  their  commissions, 
though  in  the  usual  form,  and  the  being  of. this  Su- 
preme Court:  n       ,  .J 

"It  is  therefore  ordered,  that,  for  the  said  con- 
tempt, the  said  James  Alexander  and  William 
Smith  be  excluded  from  further  practice  in  this  Court, 
and  that  their  names  be  struck  out  of  the  roll  of  the 
attorneys  of  this  Court."  . 

Mr.  Alexander  observed,  that  the  exceptions  went 
to  the  commissions  and  not  to  the  being  of  the  Court. 
"I  think  (replied  the  Chief  Justice)  that  they  are 
against  the  being  of  the  Court:'    The  counsel  both  de- 
nied it,  insisting  that  the  Court  could  exist,  though  all 
the  commissions  were  void.    The  Judge  then  per- 
ceived his  error,  and  confessed  the  distinction  well 
taken.    They  urged,  but  in  vain,  that  the  entry  might 
be  altered.     Mr.  Alexander  dpsired  to  be  informed, 
whether  they  rejected  or  overruled  the  exceptions.  Mr. 
Delancey  owned  that  he  knew  not  the  difference.   If 
you  reject  them,  said  the  counsel,  the  defendant  will 
make  them  a  part  of  the  proceedings  by  bill  of  ex- 
ception; but  if  you  overrule  them,  they  will  be  so 
without  a  bill.     Diffident  and  not  discerning  their 
aim,  the  Judges,  for  a  present  escape,  said,  they 
would  hear  them  the  next  day ;  but,  to  avoid  that, 
insisted  that  in  conformity  to  the  rule  of  the  precedr 
ing  day,  their  client  should  speak  by  other  counsel. 
It  was  then  remarked,  that  the  order  only  inhibited 
their  practising  as  attorneys,  and  no  other  answer  was 
given,  than  that  they  meant  to  exclude  them  from  act- 
ing in  both  capacities. 


IWWMWCIMiitiilWM'IiJW''!'' 


.MillUmiluiiW*''^-  — 


[Chap.  I. 

f  the  Ex- 
»oint,  that 
from  the 
ite  to  the 
,  Esq.  and 
tving  pre- 
led  by  the 
it)  to  sign, 
Court,  ex- 
r,  thereby 
iiraissions, 
>f.this  Su- 

said  con- 
1  William 
this  Court, 
roll  of  the 

(tions  went 
the  Court, 
t  they  are 
el  both  de- 
,  though  all 
I  then  per- 
nction  well 
Entry  might 
R  informed, 
ptions.  Mr. 
ference.   If 
'endant  will 
bill  of  ex- 
will  be  so 
Tning  their 
said,  they 
avoid  that, 
the  precedr 
ler  counsel, 
ly  inhibited 
answer  was 
jm  from  act- 


i735.J 


21 


The  defendant's  case  now  wnr»  «  „«        i 
complexion,  for  there  were  nHwT     uV  ^'°^"»3^ 

er„'di.i„„  ir,he  ir."  H  :"Z"S,V"'^.«'»  hfa 

ng  groand  safer  to  ^ilelf  ofef  fh'  ""''  '"''; 
-e  for  hia  c,ic„,  and  o^^^tlMZ  a^TS' 

favourable  issue.  The  press  haH  Yr  i^  \f  '*  * 
preceding  vacation,  with'^e^  ^peSe?:;  eo^!'  *^^ 
tion,  tending  to  animate   alarm   ;fr  composi- 

the  minds  oTthe  multhude  anA  K  7'  ^^  ^^P^vate 
prive  the  defendant  of  tin  -?  «^'?t«gem  to  de- 
^hich  it  was  irSed  11  JT^-^  !?^  ^"^  ^^v 
of  all  proof  to   usUfv  th.  PK  T  *'[/''*'  'nadmissibility 

exhibit^hltoCp^uLt  bvt'  *''"^  ^''^1^'  »»•*  to 
and  other  meethl  fon  « -^  ^'^'^P'^^^^ 

consideringThelXm'^LEtfar^^^^^^^^  ^"^' 

f  ctly  into  th^Ker  ^r fhf  rfeZ^^  ^1^" 
he  drew  some  advantages  from  a  sS  inn.  •  ^'^ 
he  could  nearly  conjecture,  out  of  a  panniT^^  ,""^^ 
ty-four  men,  which  Li  me  twelve  wof Id  hi  i^^''^ 
with  his  cause.  ^"'°  "®  charged 

These  preparations  beinff  made    Mr  ii       u 
who  had  been  secrptiv  ..rJ?   j      '  ^'^^  HamiHon, 
on  the  day  of  tr  a? as  the  rh^     '•  ^'^T'^^'^  ^'^^^e\{ 
was  of  one  of  the  Inns  of  r-"?'^"  ^^  ''^^''t^     He 

of  Philadelphia    in  hi^hL-^'  ^"  ''^^^^"'  *^'"^«" 
had  art,  eloquei^ce"  vilroitv^nnl'^  '*  ^^"  ^^'•-     »« 


^11 


p 


i' 

f 


22  [Chap.  I. 

bashed,  and  which  often  goes  far  to  persuade,  that 
the  matters  charged  as  scandal  were  true,  and  there- 
fore no  libels ;  and  indulged  such  a  vein  of  ridicule 
against  the  law  advanced  by  the  Judges,  that  a  libel 
was  the  more  dangerous  for  its  truth,  that  the  igno- 
rant audience,  iuSging  from  the  superiority  of  he 
bar  to  the  bench,  in  talents  and  assurance,  held  the 
Court  in  contempt,  and  thought  the  •"efusal  of  the 
Judges  to  permit  evidence  of  the  truth  of  the  pub- 
lications, added  to  the  tyranny  and  oppression  of  the 

^^His  debates  with  the  Court  were  protracted,  till 
he  could  turn  with  the  greater  address  to  the  jury  in 
the  tone  of  complaint,  and  artfully  convert  the  guilty 
nakedness  of  the  cause  of  his  client  into  a  defence 
Having  captivated  their  minds  into  a  beliet  that,  it 
the  scandals  were  true,  Zenger  was  not  cnminal,  he 
recapitulated  the  passages  in  the  journals  supposed 
to  have  given  umbrage  to  the  Government,  and  for 
ridiculinl  the  uncertainty  of  Mr   Attorney  s  muen- 
does.     He  made  others  with  artful  allusions  to  past 
events,  which  the  auditors  had  read  or  heard  and 
believed  to  be  true;  and  when  he  left  his  client  m 
those  hands,  such  was  the  fraudful  dextenty  of  the 
orator,  and  the  severity  of  his  invectives  upon  the 
Governor  and  his  adherents,  that  the  jury  missing  the 
true  issue  before  them,  they,  as  if  tners  of  their 
rulers  rather  than  Zenger,  pronounced  the  crimmal 
innocent  because  they  believed  /^im  to  be  gmlty. 

The  instant  the  verdict  was  known,  the  impetuous 
acclamation  shouted  by  the  audience  shook  the  Hall, 
and  a  mixture  of  amazement,  terror,  and  wrath  ap- 
^ared  in  the  bench.    One  of  the  Judges  threatened 
Sn  imprisonment  of  the  leader  in  this  tumult  if  he 
could  be  discovered.     A  threat  unseasonably  utter- 
ed, unless  they  had  courage  and  ability  to  ?"*»*>» 
execution ;  for  it  provoked  a  justification  from  Capt. 
Norris,  a  son  of  the  knighted  Admiral  .of  that  name, 
and  connected  with  Chief  Justice  Morris  by  the  mar- 
riage of  his  daughter,  who  pertly  declared,  th|«  uu-  - 
zas^  were  common  in  Westminster  Hall,  and  were 


^ijmiiiiji  ),ii»|iijn 'I'ijW.is  jJi!m.j.iigj,\»im(t*''>'»M*^u'. .' 


suade,  that 
J,  and  there- 
I  of  ridicule 

that  a  libel 
lat  the  igno- 
ority  of  the 
ce,  held  the 
tfusal  of  the 

of  the  jpub- 
ession  of  the 

jtracted,  till 
to  the  jury  in 
ert  tlie  guilty 

0  a  deience. 
relief  that,  if 

criminal,  he 
als  supposed 
nent,  and  for 
rney's  inuen- 
sions  to  past 
3r  heard  and 
his  client  in 
tterity  of  the 
ires  upon  the 
ry  missing  the 
riers  of  their 

1  the  criminal 
be  guilty. 

the  impetuous 
look  the  Hall, 
ind  wrath  ap- 
;es  threatened 
3  tumult  if  he 
sonably  utter- 
y  to  put  it  in 
ion  from  Capt. 
of  that  name, 
ris  by  the  mar- 
aired,thf»^  u"- 
all,  and  "were 


23 

venr  loud  in  the  acquittal  of  the  seven  Bishops.  The 
Judges  had  no  time  for  a  repl^,  for  the  shouts  were  in- 
stantly repeated,  and  Mr.Hamilton  was  conducted  from 
the  Hall  by  the  crowd  to  a  splendid  entertainment. 
The  whole  city  renewed  the  compliment  at  his  de- 
parture the  next  day ;  he  entered  the  barge  under  a 
salute  of  cannon,  and  the  Corporation  presented  him 
with  the  freedom  of  the  city  in  a  gold  box,  on  which 
its  arms  were  engraved,  encircled  with  the  words, 
«  Demersae  leges— time  facta  libertas— heec  tandem 
emergunt ;"  in  a  flying  garter  within,  "  Non  nummis, 
virtute  paratur,"  and  on  the  other  front,  « Ita  cuique 
eveniat  ut  de  respublica  meruit." 

As  it  happens  on  such  occasions  as  these,  the  scrib- 
blers of  the  day  grew  more  wanton  than  ever,  and  a 
low  printer,  dandled  upon  the  knee  of  popular  ap- 
plause, gave  into  prodigalities,  which  contributed  to 
his  mdolence,  and  ended,  as  the  ferment  subsided, in 
the  ruin  of  his  family. 

The  contending  parties  now  left  no  stone  unturn- 
ed to  gratify  their  revenge.     The  English  patentees 
of  the  "  Oblong,"  by  Mr.  Dunbar  their  agent,  who  con- 
nected himself  with  Mr.  Cosby,  and  was  stimulated 
by  Hanson,  urged  measures  in  the  Court  of  Chance- 
ry agamst  the  New- York  patentees.    Alexander  and 
Smith  were  interested  under  the  last  grant,  and  ex- 
cepted to  Cosby's  exercise  of  the  Chancellor's  au- 
thority, which  the  Governor  overruled.     I  have  else- 
where observed,  that  the  Assemblies  were  jealous  of 
this  Court  in  the  hands  of  a  Governor.     The  Colony 
Grantees,  therefore,  hoped  to  excite  the  present  mem- 
bers to  renew  the  attack,  ana  with  that  v  jw,  remon- 
strated against  the  proceedings  as  soon  as  the  House 
met  m  autumn ;  nor  did  Zenger's  counsel  omit  to  lay 
before  them  a  complaint  against  the  Judges,  for  de- 
priving them  of  their  practice.    They  were  heard 
by  the  committee  of  grievances  on  the  23d  October, 
a  copy  of  the  complaint  ordered  to  be  served  on  the 
Judges,  and  an  answer  required  in  forty  days.     The 
citizens,  also,  by  a  petition,  suggesting  that  the  lono- 
session  of  the  Assembly  was  a  grievance,  urged  a 


wnwm 


miywiini 


24 


new  attempt  for  a  dissolution,  which  the  Governor 
again  refused,  though  the  members  unanimously  ask' 
ed  his  consent.  They  then  resolved,  that  the  Court 
of  Chancery  under  the  exercise  of  a  Governor,  with- 
out consent  of  the  General  Assembly,  is  contrary  to 
law,  unwarrantable,  and  oii  dangerous  consequence 
to  the  liberties  and  properties  of  the  people. 

The  opposition  now  tukit)g  courage,  informed  the 
House,  by  a  petition  from  Queen's  County,  that  the 
long  continuance  of  the  Assembly  occasioned  a  de- 
cay of  trade  and  a  depreciation  of  lands,  which  so 
highly  incensed  the  majority  as  to  occasion  a  vote, 
that  the  charge  was  an  unjust  and  audacious  misre- 
presentation. Zenger's  counsel,  about  the  same 
time,  insinuated  that  the  distant  day  assigned  for  the 
answer  of  the  Judges  with  their  complaints  was  an 
illusion  of  that  justice  they  had  a  right  to  expect. 
Disgusted  by  this  freedom,  the  members  resolved 
that  it  should  not  ever  be  read,  and  the  very  next 
day  adjourned,  with  the  Governor's  consent,  to  the 
latter  end  of  March. 

It  was  a  parting  for  ever,  for  Mr.  Cosby  died  on 
the  10th  of  that  month,*  and  as  the  reader  may  sup- 
pose, almost  universally  detested ;  for,  besides  the 
aforementioned  instances  of  imprudence  into  which 
he  was  willingly  led  by  the  men  of  his  confidence,  he 
increased  the  immber  of  his  enemies  by  destroying 
certain  deeds  to  the  City  of  Albany,  and  a  project  he 
had  formed  for  a  re-survey  of  the  old  patents  on 
Long  Island.  The  Mohawks  sagaciously  dreading 
the  rapid  progress  of  population,  had  conveyed  a 
very  valuable  part  of  their  territory  to  the  Corpora- 
tion, to  take  effect  upon  the  total  dissolution  of  their 
tribe.  It  was  produced  to  convince  the  Governor  of 
the  injustice  of  granting  it  to  private  patentees ;  but 
after  the  perusal  of  it,  which  he  perfidiously  request- 
ed for  his  satisfaction,  he  threw  it  into  the  fire,  and  it 
was  instantly  consumed. 


lOih  March,  1730. 


[Chap.  I. 

e  Governor 
imously  ask- 
at  the  Court 
ernor,  with- 
contrary  to 
consequence 
ople. 

nformed  the 
nty,  that  the 
sioncd  a  de- 
ls, which  so 
%sion  a  vote, 
icious  misre- 
it   the    same 
igned  for  the 
laints  was  an 
it  to  expect. 
»ers  resolved 
the  very  next 
nsent,  to  the 

osby  died  on 
der  may  sup- 
besides  the 
le  into  which 
onfidence,  he 
jy  destroying 
a  project  he 
patents  on 
jsly  dreading 
conveyed   a 
the  Corpora- 
ution  of  their 
Governor  of 
itentees;  but 
(usly  request- 
le  fire,  and  it 


25 

His  design  against  (he  people  of  Long  Island  origi- 
nated from  the  same  motive  :  he  hoped  to  enrich  him- 
self by  the  acquisition  of  lands  already  improved,  as 
well  as  by  fees  for  the  new  grants. 

It  cannot  be  denied,  that  our  old  grants  and  patents 
are  very  inaccurately  penned,  nor  that,  in  some  in- 
stances, the  proprietors  have  taken  advantages  of 
the  description  of  their  limits  by  marked  trees,  Indian 
names  of  places,  and  other  uncertain  boundaries, 
to  extend  their  possessions  too  far ;  and  certauily,  if 
they  were  confined  to  the  true  object  of  their  grants, 
they  would  have  no  just  cause  of  complaint :  but  a  re- 
survey  for  this  purpose  cannot  be  executed  without 
difficulty  and  danger,  nor  attempted  without  spread- 
ing universal  discontent.  Though  a  second  patent 
wul  not  convey  what  was  comprehended  in  the  first 
grant,  yet  a  wise  and  generous  ruler  will  perceive  that 
the  small  emolument,  which  he  may  add  to  his  quit- 
rents,  is  overbalanced  by  ^ue  irmumerable  mischiefs 
flowing  from  the  increase  of  animosities  and  the  mul- 
tiplication of  law-suits,  and  find  himself  (if  his  inten- 
tions are  upright)  not  a  little  embarrassed  in  the  con- 
struction of  the  ancient  grants  of  the  country,  most 
of  which  are  derived  from  the  Duke  of  York,  when 
a  subject.  At  that  early  day  the  great  object  was  to 
gain  a  dominion  over  these  vast  deserts,  by  joining 
occupancy  to  discovery,  for  the  eflfectual  exclusion  of 
any  other  European  power.  To  accomplish  that  end, 
grants  were  penned  with  all  the  negligence  of  libe- 
rality, and  the  giver  being  benefited  more  by  his  seem- 
ing bounty,  than  the  adventurous  grantee,  who  could 
not,  even  after  acquiring  his  title  from  the  Duke  and 
the  Crown,  cultivate  the  soil  in  safety,  without  buy- 
ing peace  from  the  Savages,  and  that  as  often  as  they 
were  pleased  to  renew  their  claims.  To  this  the 
modern  interpreter  of  the  old  grants,  if  he  will  guard 
against  error  or  injustice,  must  necessarily  attend. 
But  who  could  confide  in  a  Governor,  stimulated  to 
the  measure,  not  so  much  by  a  regard  to  the  interests 
of  his  master,  as  his  own  avarice.  Long  Island,  at 
that  time,  comprehended  a  third  part  of  the  improved 

4 


26 


[Chap.  1. 


lands  of  the  Colony,  and  no  man  knowing  whether 
his  best  improved  possessions  might  not  fall  beyond 
the  lines  assigned  lor  his  tract,  the  inhabitants  were 
almost  utiiversallv  alarmed,  and  were  as  suspicious  of 
the  Governor  ana  his  re-survey,  as  the  patricians  of 
Rome  were  formerly  of  the  Gracchi  ana  their  agra- 
rian laws. 

But  no  representation,  repugnant  to  his  avarice, 
had  any  influence  upon  Mr.  Cosby.  The  weakness 
of  his  understanding  rendered  him  reprehensible  even 
to  fear.  In  answer  to  the  great  objection,  that  a  cer- 
tain doctrine  was  against  law,  he  sillily  replied, "  how, 
gentlemen,  do  you  think  I  mind  that :  alas !  I  have  a 
great  interest  in  England."  It  is  some  extenuation  of 
his  faults,  that  he  was  the  dupe  of  others;  and  au 
apology  for  Mr.  Delancey,  his  chief  minister,  that  tc 
was  then  a  young  man,  ill  read  in  a  profession,  which 
he  took  up  without  aid,  and,  by  his  education  abroad, 
was  little  acquainted  with  the  affairs  of  the  Colony. 

Mr.  Cosby's  remains  were  buried  in  the  Chapel 
within  the  walls  of  the  Fort,  in  which  he  died.  His 
widow  repaired  to  England  aAer  one  of  her  daugh- 
ters, advantageously  connected  with  Lord  Augustus 
Fitzroy,  son  to  the  Duke  of  G ration.  The  match 
was  clandestinely  brought  about  by  vho  intrigues  of 
Mrs.  Cosby,  Lord  Augustus  being  then  on  his  travels 
through  the  provinces ;  and  to  blmd  his  relations  and 
secure  the  Governor  from  the  wrath  of  his  father, 
then  a  favourite  of  King  George  the  Second,  a  mock 
prosecution  was  instituted  agamst  Campbell  the  par- 
son, who  had  scaled  the  Fort  walls  and  solemnized 
the  nuptials,  without  a  written  license  from  the  Go- 
vernor, or  any  publication  of  the  banns,  contrary  to 
usage,  though  not  against  the  law  of  the  Colony. 

The  exultation  of  the  populace  occasioned  by  Mr. 
Cosby 's  death,  and  the  expectation  that  Mr.  Van 
Dam  was  again  to  take  the  helqi,  was  excessive,  for 
they  had  despaired  of  any  success  from  Mr.  Morris's 
complaints;  news  arriving  in  February,  that  the 
Loras  of  the  committee,  after  hearing  counsel  against 
the  Governor,  had,  on  the  7th  of  November  before, 


'''*e«;?A*j'W><Lt''>aiji'»*i(i»-vm'j^<iiii»K 


[Chap.  I. 

iring  whether 
t  fall  beyond 
ibitants  were 
suspicious  of 

Satricians  ol 
their  agra- 

)  his  avarice, 
rhe  weakness 
hensibleeven 
on,  that  a  cer- 
eplied, "  how, 
lias !  I  have  a 
extenuation  of 
thers;  and  au 
nister,  thattc 
jfession,  which 
cation  abroad, 
of  the  Colony, 
in  the  Chapel 
he  died.    His 
of  her  daugh- 
Lord  Augustus 
.    The  match 
ho  intrigues  of 
1  on  liis  travels 
is  relations  and 

of  his  father, 
second,  a  mock 
npbell  the  par- 
ind  solemnized 
e  from  the  Go- 
ms,  contrary  to 
the  Colony, 
jasioned  by  Mr. 

that  Mr.  Van 
s  excessive,  for 
om  Mr.  Morris's 
ruary,  that  the 

counsel  against 
)vember  before, 


27 


reported,  that  the  reasons  for  removing  him  were  in- 
sufficient. The  celebrated  Mr.  Murray,  afterwards 
Lord  Mansfield,  retained  against  him,  exerted  him- 
self on  this  occasion,  and  introduced  his  accusation 
with  the  delicate  observation,  that  if  his  Majesty 
could  delegate  his  virtues  as  easily  as  his  authority, 
their  Lordships  would  not  have  been  called  to  the 
trouble  of  that  hearinff.  But  it  was  not  many  hours 
before  the  triumph  of  the  patriots  was  checked  by 
the  report,  that  Van  Dam  had  been  privately  sus- 
pended since  the  24th  of  the  preceding  November. 

The  Council — Messrs.  Clarke,  Alexander,  Van 
Home,  Kennedy,  Delancey,  Courtlandt,  Lane,  and 
Horsmanden — met,  and  administered  the  oaths  '  to 
Mr.  Clarke  as  the  President,  who  issued  a  proclama- 
tion, announcing  the  succession  as  by  the  unanimous 
opinion  of  the  Board.  Mr.  Alexander,  who  was 
struck  at  this  meeting  with  the  act  of  suspension,  and 
had  really  given  no  opinion,  was  obliged,  to  save 
his  popularity,  to  publish  his  non-concurrence,  and 
impeach  the  truth  of  the  proclamation. 

Van  Dam  the  next  day  asserting  his  title,  called 
upon  Mrs.  Cosby  for  the  great  seal  with  the  commis- 
sion find  instructions,  and  when  denied  access,  he 
demanded  them  in  writing  of  Mr:  Clarke,  to  whom 
they  had  been  delivered.  The  possessor  insisted 
upon  the  suspension,  appealing  to  the  King.  The 
other  addressed  the  people  ^  a  protest  against 
Clarke's  proceedings,  and  the  Councd  who  qualified 
him,  and  all  their  aiders  and  abettors,  declaring  that 
Cosby  was  delirious  and  non  compos  at  the  moment  of 
the  suspension,  and  the  act,  therefore,  invalid :  that 
if  he  had  been  sane,  his  power  was  sufficient  to  ex- 
clude him  from  acting  as  a  counsellor,  but  not  to  in- 
terrupt his  succession  to  the  command :  that  it  lost 
its  efficacy  at  the  death  of  the  Governor,  and  that  the 
Council  had  no  authority  to  qualify  Mr.  Clarke. 

Clarke  disregarding  this  claim  of  his  antagonist* 
though  supported  by  the  popular  voice,  adjourned 
the  Assembly,  and  drove  van  Dam  to  insist,  as  they 


2ft  [Chap.  I. 

did  not  meet  according  to  the  prior  adjournment,  tliat 
Clarke's  ac»  vvaf  .nvalid,  himscH"  guilty  of  a  very 
high  crime,  and  the  House  diHSolvcd.  The  mem- 
bers, however,  met  on  the  day  to  which  Mr.  Clarke 
adjourned  tht'ra,aiul  being  bcwildereil  by  their  repug- 
nant pretensions,  and  unwilling  to  enlist  on  the  one 
side  or  the  other,  returnetl  home  and  continued  un- 
der repeated  adjournments,  till  the  Crown  interfered 
for  a  decision  of  the  controversy. 

This  anarchy  urged  to  no  open  violence  tdl  the 
14th  October,  when  by  the  charter  of  the  capital,  the 
olFicers  of  the  year,  who  were  to  be  nominated  or 
elected  on  the  29th  September,  were  to  take  the 
necessary  oaths,  and  begin  the  discharge  ot  their 

trusts.  .      ,  ,         t      ,.        r       lU 

Van  Dam's  party  prevaded  at  the  election  lor  the 
Aldermen  and  Common  Council:  the  citizens  choos- 
ing such  as  would  act  with  a  Mayor,  Recorder,  She- 
rifli;  and  Coroner,  of  his  appointing,  as  President  of 
the  Council;  and  he  accordingly  named—Cornelius 
Van  Home,  Mayor ;  Mr.  Smith,  Recorder ;  Mr.  Ash- 
field,  Sheriff;  and  Mr.Nicholls,  Coroner.  Mr.  Clarke 
concurred  in  none  of  these  but  the  last,  and  constitu- 
ted Mr.  Richard  to  be  Mayor ;  Mr.  Horsmanden,  Re- 
corder, ^nd  Mr.  Cosby  to  be  Sheriff;  and  by  a  procla- 
mation of  the  1st  October,  warned  Van  Dam's  officers 
against  the  danger  of  assuming  any  authority  under 
his  appointments.  ^    ^ 

The  opposition  lost  all  temper  at  this  juncture,  and 
to  animate  their  followers,  boldly  menaced  Clarke,  in 
print,  with  a  prosecution.  An  extract  from  a  paper 
of  that  day  will  show  the  excess  to  which  the  spirit 
of  party  was  carried. 

"Whatever  desire  some  of  the  subjects  of  the 
British  dominions  may  have  to  be  above  the  law  and 
tread  it  under  foot,  yet  the  law  ought  to  be  and  will, 
at  the  long  run,  get  above  them.  It  is  too  strong  a 
body  to  contend  with,  and  he  who  does  it  will  hardly 
escape  a  fall.    Of  thic  the  Honourable  Francis  Ha- 


'i-+.<,.^_.^ 


•.-33feaJb,iJa!'9kn;iai4MK.fe-'* 


Lirnmcnt,  tlmt 
ty  of  a  very 
The  mem- 
I  Mr.  Clarke 
y  their  repug- 
it  on  iho  one 
ontinued  un- 
wn  interfered 

ence  till  the 
le  capital,  the 
lominated  or 
to  take  the 
arge  of  their 

action  for  the 
itizcns  choo8- 
ecorder,  She- 
si  President  of 
d — Cornelius 
ler;  Mr.  Ash- 
r.  Mr.  Clarke 
,  and  constitu- 
rsmanden,  Re- 
id  by  a  procla- 
Dam's  officers 
ithority  under 

)  juncture,  and 
ced  Clarke,  in 
t  from  a  paper 
iiich  the  spirit 


jbjects  of  the 
ve  the  law  and 
to  be  and  will, 
is  too  strong  a 
s  it  will  hardly 
le  Francis  Ha- 


29 

rison,  Esq.  counsellor,  i^  a  recent  example.'*     All  the 
power  he  liad  to  support  him  t ould  not  prevent  a 
Fail.     If  Mr.  Clarke  be  not  entitled  In  Mie  administra- 
tion, I  believe  n  grand  jury  of  New-\..rk  will  think 
him  guilty  of  high  tnaaon  for  usurping,  and  indict 
him  accordingly.     I   do  not   believe  that  they  will 
think  his  superiority,  or  their  subordination,  will  ex- 
cuse them  lor  not  doing  it.     Their  oath  is  to  present 
all  offenders.     I  hitherto  have  not  heard  of  any  excep- 
tion in  it,  either  of  counsellors  or  commanders-in- 
chief.     Thev  are  as  subject  to  the  law  as  the  mean- 
est man  in  New-York,  let  their  desire  be  ever  so 
strong  to  be  above  it :  and  if  the  grand  jury  indicts, 
I  doubt  not  the  Court  will  issue  the  process  thereof 
to  apprehend  him  and  try  him  by  twelve  lawful  men 
of  New-York,  where  the  fact  was  committed.     If  he 
is  taken,  I  doubt  not  but  that  he  will  have  the  liberty 
of  pleading  his  superiority  a  .d  the  subordination  of 
the  Court  and  jury  against  their  jurisdiction.    I  doubt 
not  but  that  the  plea  will  be  fully  heard  as  it  ought  to 
be,  and  that  his  lawyers  may  speak  freely  in  support 
of  it,  notwithstanding  the  late  precedents  of  con- 
demning unheard  upon  pleas  to  jurisdiction,  and  of 
silencing  lawyers  for  offering  t^m,  and  notwithstand- 
mg  all  the  part  he  had  in  making  of  such  precedents ; 
and  if  his  lawyers  can  make  it  out,  that  he  is  above 
and  out  of  the  reach  of  the  law,  the  Court  ought  to 
allow  the  plea ;  but  if  they  can't,  as  I  believe  they 
cannot,  he  must  there  hold  up  his  hand  as  well  as  the 
meanest  and  most  arch  pickpocket  that  ever  was  in 
New-York,  and  either  confess  and  be  hanged,  or  say 
notguiUy  and  put  himself  for  his  trial  on  God  and  his 
country :  and  if  such  be  his  case,  I  hope  justice  he 
may  depend  upon.     But  what  charity  twelve  good 
men  of  New- York,  sworn  to  try  him,  will  have  for 
him,  he,  by  running  over  his  past  services  to  the  pro- 
perties, liberties,  and  privileges  of  this  country,  may 

rlh?"  ^Vw  °^.  P"'f  *j'y  *°  ^ngWnd  ia  1735.  It  wai.  imagined  that  Mr. 
Jj>08by  sent  bim  to  watch  and  oppose  the  attempts  of  Col.  Morris,  and  that 
the  Governor's  ueath  plunged  him  into  poverty  and  prevented  his  return. 
Me  did  not  long  survive  that  event. 


^'1 


11 


111 


30 


[Chap. 


in  some  measure  be  able  to  judge.  But,  however,  as 
a  Christian  I  shall  be  obliged,  in  that  case,  to  join  in 
the  clerk's  prayer,  and  say,  God  send  you  a  good  deli- 


verance. 


These  hints  were  formidable,  because  the  rage  of 
the  multitude  was  so  exasperated,  and  their  confi- 
dence in  the  demagogues  so  absolute,  that  the  latter 
had  only  to  advise  Van  Dam  to  appoint  Judges  to  ac- 
complish the  tragedy  of  cutting  on  the  Commander- 
in-chief,  who  actually  called  into  the  Fort  all  the  of- 
ficers and  soldiers  of  the  independent  companies,  for 
his  protection  against  the  expected  horrors  of  the  ap- 
proaching day  for  qualifying  the  magistrates  of  the 
metropolis.  During  these  agitations  Mr.  Morris,  whose 
arrival  at  Boston  was  not  known  here  till  the  18th 
September,  was  impatiently  expected,  and  the  rather 
because  he  had  only  given  his  adherents  liberty  to 
think  favourably  of  his  restoration.  He  did  not  reach 
Morrisania  till  the  7th  October.  He  was  met  the 
day  after  by  a  vast  concourse,  and  conducted  with 
loud  acclamations  to  a  meeting  of  the  chiefs  of  the 
party.  Having  learnt  to  what  extremes  the  contests 
were  advanced,  and  being  importuned  for  his  advice, 
he  replied  with  a  grave  tone,  "  If  you  don't  hang 
them,  they  will  hang  you" — and  the  evening  was 
spent,  after  dispersing  money  from  the  windows  of 
the  house  to  the  rabble  in  the  streets,  with  a  tempes- 
tuous festivity  and  joy.  He  declared  it  as  his  own 
opinion,  that  Van  Dam  had  a  right  to  the  administra- 
tion ;  that  he  was  willing  to  execute  the  office  of  Chief 
Justice  under  him ;  that  the  Assembly  was  dissolved, 
and  that  force  ought  to  be  opposed  to  force,  if  Clarke 
insisted  upon  his  authority. 

The  Assembly  was  convened  on  the  12th,  and  Mr. 
Morris,  the  next  day,  obtained  their  leave  to  visit 
New-Jersey,  where  he  said  the  public  service  re- 
quired his  presence.  Van  Dam's  m-igistrates  had  re- 
solved to  act  the  next  day,  and  resolutions  were  ta- 
ken to  support  them  by  violence ;  but  fortunately  for 
'joth  parties,  within  twenty-four  hours  of  the  erup- 


'.*t'g.'l'-ft'V'W!^»i:-'<.>'>Jyv~ 


'■"•wsswpwir- 


'•m'^tm^Hmmtmrimmmm 


[Chap,  h 

it,  however,  as 
:ase,  to  join  in 
'ou  a  good  deli' 


se  the  rage  of 
d  their  confi- 
that  the  latter 
t  Judges  to  ac- 
B  Commander- 
Fort  all  the  of- 
companies,  for 
rrors  of  the  ap* 
istrates  of  the 
.Morris,  whose 
e  till  the  18th 
and  the  rather 
ents  liberty  to 
s  did  not  reach 
J  was  met  the 
londucted  with 
e  chiefs  of  the 
es  the  contests 
for  his  advice, 
ou  donH  hang 
;  evening  was 
the  windows  of 
with  a  tempes- 
1  it  as  his  own 
the  administra- 
5  office  of  Chief 
r  was  dissolved, 
force,  if  Clarke 

5  12th,  and  Mr. 
'  leave  to  visit 
►lie  service  re- 
jistrates  had  re- 
utions  were  ta- 
t  fortunately  for 
rs  of  the  erup- 


1736.J 


ai 


tion  of  the  meditated  civil  war,  the  brigantine  En- 
deavour  arrived  from  England,  with  despatches  from 
the  government  to  Mr.  Clarke,  as  President  and  Com- 
mander-in-chief of  the  Province,  enclosing  an  in- 
struction altering  the  prayers  for  the  Royal  Family, 
upon  the  marriage  of  the  Prince  and  Princess  of 

From  that  moment  his  opposers  became  mute  and 
abashed,  and  his  officers  were  sworn  in  and  obeyed. 
Mr  Morns  was  publicly  charged  with  the  knowledge 
ot  this  act  of  government,  ft  was  asserted,  that  his 
son,  Kobert,  who  accompanied  him,  had  revealed  it 
at  Boston,  declaring,  that  Mr.  Clarke  would  receive 
the  instruction  by  a  vessel  which  had  already  arriv- 
ed ;  and  to  confirm  the  accusation,  it  was  observed, 
that  It  bore  date  the  1st  July,  several  weeks  before 
he  embarked.  But  his  friends  treated  it  as  a  calum- 
ny, not  only  because  so  base  a  concealment  was  in- 
consistent with  his  character  and  his  own  positive 

iTfi  w    i!-  ""'^^  -^^.  ^^^^^y  «^  ^''  ««"'  Lewis,  and 
Ashfield,  his  son-m-law,  who  had  rendered  them- 
selves very  obnoxious  in  supporting  Mr.  Van  Dam. 
, ,  iVIr.  Clarke  delivered  his  first  speech  to  the  Assem- 
bly in  the  calm  of  the  so  much  cfreaded  14th  of  Oc- 
tober.   He  challenged  their  promise  to  his  prede- 
cessor for  supplying  the  deficiency  of  the  revenue 
and  repeated  his  instances  for  the  encouragement  of 
shipbuilding  persuaded  to  the  cultivation  of  hemp 
finishmff  the  fortifications,  erecting  a  new  fort  at  the 
head  of  the  Mohawk  river,  and  the  settlements  of 
femiths  in  the  Seneca  country;    and  to  humor  the 
clamors  within  doors,  he  consented  to  introduce  the 
practice,  which  has  ever  since  prevailed,  of  absent- 
ing himself  from  the  Council,  when  they  sit  as  a 
branch  of  the  Legislature. 

During  the  session,  his  hands  were  strengthened 

vJrnn.     T^^""^"*  '^'''  ^^^  ^^°^  ^^  Lieutenant  Go- 
vernor.    The  commission  was  dated  the  30th  July 
and  published  here  on  the  30th  October;  but  ye 
nothing  of  any  considerable  moment  was  transacted, 
and  after  an  address  to  congratulate  the  King  on  the 


I 


^: 


M^- 


32       '  [Chap.  I. 

marriage  of  the  Prince  of  Wales,  and  the  passing  of 
a  few  common  bills,  he  put  an  end  to  a  peaceful,  in- 
active session,  by  a  prorogation  on  the  7th  ot  JNo- 

^^He^met  them  again  in  April,  and  earnestly  urged 
the  payment  of  the  arrears  due  to  the  public  credi- 
tors, occasioned  by  the  defect  of  the.r  'unds    and  a 
new  act  for  supporting  the  government,  the  other  be- 
ing nearly  expired.     But  little  could  be  expected 
from  an  Assembly  fearful  of  their  constituents,  and 
consisting  of  a  respectable  minority  intent  upon  a 
dissolution.     Hence  their  consent  to  a  motion  ot  Mr. 
Morris,  junior's,  for  leave  to  bring  in  a  bill  tor  trien- 
nial elections  and  the  exclusion  of  Crown  officers. 
Mr.  Clarke  soon  discovered,  that  his  Assembly  was 
grown  dastardly,  that  the  debts  of  the  Colony  amount- 
Id  to  near  nine  thousand  pounds,  and  that  they  meant 
to  postpone  the  payment  to  prolong  their  own  ex- 
istence!    He  artfully  made  his  court  to  the  collective 
body,  by  a  speech  to  the  House  in  terms  of  real  or 
affected^ disgust,  charging  them  with  a  neglect  of  the 
interests  both  of  the  Crown  and  Colony,  and  then 
dissolved  an  Assembly  elected  in  1728,  of  whom 
their  constituents  were  tired,  as  he  suggested  in  his 

^"^TheLieutenantGovemorwas  an  Englishman.  His 
uncle,  Mr.  Blaithwait,  procured  the  Secretary  s  place 
?or  him,  and  sent  him  out  with  it  early  m  the  reign 
of  Que^n  Anne.     He  had  genius,  but  no  other  than 
a  common  writing-school  education ;  no""  .^id  he  add 
to  bis  stock  by  reading,  for  he  was  more  intent  upon 
mproving  his7ortune  than  his  mind.     He  was  sensi- 
ble   artful,  active,  cautious ;  had  a  perfect  command 
of  his  temper,  and  was,  in  his  address,  specious  and 
civil.    Nor  was  any  man  better  acquainted  with  the 
Colony  and  its  aflflirs.    As  a  Crown  officer,  he  was 
careful  not  to  lose  the-  favour  of  any  Governor,  and 
still  more  assiduous  to  please  when  he  became  the 
second  at  the  Council  Board.    He  shared  a  part  ol 
?he  odium  which  fell  upon  Mr.  Cosby    but  escaped 
much  more  of  it  by  a  closer  attachment  than  before  to 


■    '|tel>^'^,J.'illff*J»'»m'-J-"'»WW^'^* 


[Chap.  I. 

>  passing  of 

teaceful,  in- 

7th  of  No- 

lestly  urged 
jblic  credi- 
mids,  and  a 
he  other  be- 
te expected 
ituents,  and 
tent  upon  a 
lotionofMr. 
(ill  for  trien- 
)wn  officers, 
isembly  was 
ony  amount- 
t  they  meant 
eir  own  ex- 
tie  collective 
16  of  real  or 
eglect  of  the 
ly,  and  then 
18,  of  whom 
rested  in  his 

lishman.  His 
•etary's  place 
in  the  reign 
10  other  than 
)r  did  he  add 
e  intent  upon 
rle  was  sensi- 
ect  command 
specious  and 
nted  with  the 
[ficer,  he  was 
lovernor,  and 
;  became  the 
ired  a  part  of 
but  escaped 
than  before  to 


3:j 

his  rural  villa  on  the  edge  of  Hempstead  plains,  and 
left  it  to  Mr.  Delancey  to  enjoy  the  praise  or  blame 
of  being  the  Sejanus  of  that  Governor.  The  public 
confusions  contributed  to  the  gratification  of  his 
Avishes.  Dreading  Van  Dam's  power,  his  fellow- 
counsellors  easily  concurred  in  persuading  Cosby  to 
suspend  him,  and  the  anarchy  which  instantly  ensued 
upon  that  Governor's  decease,  and  his  own  represen- 
tations, left  the  ministry  no  time  to  think  of  any  other 
person  for  the  place  of  Lieutenant  Governor.  No- 
thing now  alarmed  him  but  the  arrival  of  a  Governor 
in  chief.  Lord  Delaware  had  early  engati  '  the  pro- 
mise of  the  Minister;  but  apeerof  ih«  <  Jm  was  only 
to  be  induced  to  accept  so  humiliating  a  station  by  the 
prospect  of  a  speedy  repair  of  his  finances,  and  Mr. 
Clarke  knew  how  to  improve  a  disnosition  so  favor- 
able to  his  own  ends.  His  Lordship  declared,  that 
Mr.  Clarke's  letters  concerning  the  Colony  were  per- 
plexed and  discouraging.  Those  who  were  ac- 
quainted with  Mr.  Clarke,  knew  that  if  he  wrote 
obscurely  upon  such  a  subject,  it  must  have  been 
with  design. 

The  country  party  found  no  difficulty  in  securing 
a  majority  at  the  election.  The  citizens  chose  Mr. 
Alexander  of  the  Council  for  one  of  their  represen- 
tatives. The  House  met  about  midsummer  1737, 
and  Mr.  Morris,  junior,  was  placed  in  the  chair. 

Mr.  Clarke  had  paved  the  way  towards  a  reconci- 
liation by  the  dissolution,  and,  as  he  had  shaken  the 
attachment  of  his  old  friends,  perceived  a  necessity 
for  caution  in  the  management  of  the  heated  patriots 
of  the  new  House ;  for,  till  they  had  time  to  offend, 
he  could  hope  for  nothing  by  another  dissolution.— 
His  speech,  according  to  the  exigency  of  the  day, 
was  a  short  one,  and  asked  nothing. 

He  had  dissolved  the  late  House,  as  he  suggested, 
in  tenderness  to  the  King's  honor  and  the  true  in- 
terest of  the  Colony,  and  was  happy  to  find  the  peo- 
ple had  answered  his  wishes  in  so  proper  a  choice  of 
new  members.  He  intended  to  meet  the  Chiefs 
of  the  confederate  Indian  cantons  to  obstruct  •  the 

5 


I 


34  [Chap.  I 

sale  to  the  French  of  a  tract  in  the  territory  of  the 
Seneca  tribe,  called  Irondequot,  on  the  south  side  oj 
Lake  Ontario,  convenient  for  erectnig  a  commercial 
magazine,  that  might  be  injurious  to  ours  at  Oswego ; 
and  all  he  had  to  recommend,  was  their  aid  in  per- 
fecting the  harmony  already  begun,  in  which  he  pro- 
mised his  assistance.  ,.  w  j  „„ 
They  thanked  him  for  the  dissolution,  and  ap- 
plauded his  sagacity;  wished  him  a  good  voyage  to 
Albany,  and  lioped  their  next  meeting  would  have 
consequences  answerable  to  its  end. 

They  sat  only  two  days ;  but  entered  on  their  jour- 
nals as  resolved  in  future  to  publish  the  names  ot  the 
voters  for  and  against  any  question ;  and  gave  leave 
to  their  speaker,  which  is  singular,  to  bring  in  a  va- 
riety of  bills:  one  to  regulate  elections;  another  tor 
frequent  elections ;  and  others  for  appointing  an  agent 
in  Great  Britain,  independent  of  the  Governor;  tor 
lowering  the  interest  of  money,  and  for  regulating  and 
establishing  fees.    Mr.  Alexander,  immediately  after, 
was  permitted  to  offer  others,  to  encourage  the  im- 
portation of  whites  and  servants ;  the  manufacture  ot 
Iron  and  hemp;  and  the  preventing  of  frauds  in  flour 
and  other  products  intended  for  exportation.    1  hese 
acts  had  the  designed  effect  upon  the  vulgar,  and 
were  applauded  as  indisputable  testimonials  ot  the 
patriotism  of  their  leaders. 

Mr.  Clarke  went  to  Albany,  and  had  a  coiiterence 
with  the  Indians,  but  was  not  able  to  accomplish  his 
designs.     Irondequot  is  a  vale  of  an  excellent  soil ; 
and  he  was  desirous  of  purchasing  it  from  the  Indians, 
not  only  to  defeat  the  intentions  of  the  F  rench,  but 
to  promote  settlements  there,  for  the  easier  subsist- 
ence of  the  garrison  and  traders  at  Oswego.    But  he 
estabhshed  an  interpreter,  a  gunsmith,  and  three 
others  among  the  Senecas,  to  watch  and  circumvent 
the  intrigues  of  the  French,  and  prevailed  upon  the 
tribes  to  prohibit  any  buildings  in  their  canton. 

He  was  wpU  apprised  that  the  next  meeting  ot  the 
Assembly  would  call  for  the  utmost  exertion  of  his 
abilities.   Cosby's  antagonists,  to  protect  themselves, 


-—  ■  tiiiafa.  j#iSftw.yt-.>!M "-  t.w"!''^--^»'^^^^" 


[Chap.  I 


m^mmm 


•ritory  of  the 
south  side  of 
I  commercial 
9  at  Oswego ; 
ir  aid  \i\  per- 
vhich  he  pro- 
lion,  and  ap- 
(od  voyage  to 
g  would  have 

on  their  jour- 
?  names  of  the 
id  gave  leave 
bring  in  a  va- 
5 ;  another  for 
nting  an  agent 
Giovernor;  for 
regulating  and 
lediately  after, 
)urage  the  im- 
nanufacture  of 
■  frauds  in  flour 
tation.   These 
tie  vulgar,  and 
monials  of  the 

\  a  conference 
accomplish  his 
excellent  soil ; 
om  the  Indians, 
he  French,  but 
easier  subsist- 
swego.   But  he 
nth,  and  three 
and  circumvent 
(tailed  upon  the 
eir  canton, 
t  meeting  of  the 
exertion  of  his 
tect  themselves, 


ia 


had  taught  lessons  to  the  multitude,  now  to  be  carried 
into  practice,  if  they  would  escape  the  contempt  they 
had  brought  upon  the  members  of  the  last  House. 

The  Council,  on  the  other  haml,  headed  the  re- 
mains of  the  Cosbyan  party,  and  were  not  a  little  dis- 
gusted at  the  late  dissolution,  which  had  completed 
the  triumph  of  their  adversaries.  Both  parties  were 
distrustful  of  the  Lieutenant  Governor,  and  upon  the 
watch  to  engage  him  in  their  interests. 
.  >  He  had  to  curb  the  intemperate  zeal  of  the  Assem- 
bly, to  quiet  the  Council,  and  prevent  the  resentment 
of  the  crown.  But  there  was  danger  in  humoring 
the  Council ;  for  an  unmanageable  Assembly  prompts 
to  suspicions  of  incapacity,  and  would  either  be  fol- 
lowed with  a  loss  of  his  office,  or  the  speedy  arrival 
of  a  Governor  in  Chief:  add  to  this,  that  new  supplies 
were  necessary  for  the  discharge  of  public  debts,  and 
the  support  of  the  government  in  future ;  and  that  the 
leaders  of  the  two  contending  branches  of  the  Legis- 
lature were  men  animated  by  a  spirit  of  revenge — 
Mr.  Chief  Justice  Delancey  swaying  the  councils  of 
the  Upper  House,  while  Colonel  Morris  his  prede- 
cessor, his  son  Lewis,  the  speaker,  and  Mr.  Alexan- 
der, undoubtedly  had  the  confidence  of  the  Assembly. 

The  Governor's  interest  induced  him  to- take  a 
middle  path ;  and  by  his  art  and  prudence,  a  long, 
active  session,  from  the  23d  August  to  the  1 6th  De- 
cember, terminated  in  peace,  which  the  turbulency 
of  the  late  administration  rendered  doubly  agreeable. 

He  opened  the  session  with  a  conciliatory  speech; 
applauded  the  proofs  left  upon  their  journals,  in 
April,  of  their  attention  to  the  state  of  the  colony ; 
tenderly  reminded  them,  that  the  cr<»vn's  right  of  dis- 
allowing the  colony  laws,  rendered  it  useless  to  press 
him  to  meflectual  concurrences;  touched  upon  the 
deficiency  of  the  funds ;  commended  their  loyalty, 
and  asked  for  a  revenue ;  intimated  his  anxiety  for 
the  support  of  Oswego,  and  the  extent  of  the  Indian 
commerce,  which  were  great  objects ;  and  promised 
his  assent  to  all  bills  that  M'ould  advance  the  welfare 
of  the  colony. 


m 


[Cliap.  I. 


;'!'¥> 


i 


The  address,  unusually  copious,  bold,  and  coarse, 
geizes  his  compliments  as  promises,  which  they  mean 
to  put  to  the  trial ;  stigmatizes  the  last  Assembly  as 
betra'yers  of  the  rights  of  the  people,  by  detestable 
submissions  to  prolong  their  political  life :  after  which 
they  argue  with  some  earnestness  upon  the  propriety 
of  frequent  and  uninfluenced  elections ;  the  utility  of 
an  agent  in  Great  Britain  dependent  only  upon  the 
House;  the   propriety   of  establishing  courts,  and 
especially  Courts  of  Equity,  and  the  fees  of  officers, 
by  Legislative  acts,  instead  of  ordinances.  They  \  ro- 
ceedcd  then  to  obviate  the  ordinary  objections  drawn 
from  the  prerogative,  and  a  due  obedience  to  the 
royal  instru;  tions.    They  imputed  the -deficiency  of 
the  revenue  lo  prodigality ;  impeach  their  predeces- 
sors-in  granting  permanent  funds,  and  tax  the  receiv- 
ers with  ingratitude;  roundly  assure  him  that  they 
mean  to  discontinue  that  practice ;  "  for,"  to  use  their 
words,  "  you  are  not  to  expect  that  we  either  will 
raise  sums  unfit  to  be  raised,  or  put  what  we  shall 
raise  into  the  power  of  a  Governor  to  misapply,  if  we 
can  prevent  it ;  nor  shall  we  make  up  any  other  de- 
ficiencies than  what  we  conceive  are  fit  and  just  to 
be  paid,  or  continue  what  support  or  revenue  we 
shall  rdiise,  for  any  longer  time  than  one  year;  nor  do 
we  think  it  convenient  to  do  even  that,  until  such 
laws  are  passed  as  we  conceive  necessary  for  the 
safety  of  the  inhabitants  of  this  colony,  who  have  re- 
posed a  trust  in  us,  for  that  only  purpose,  and  whicli 
we  are  sure  you  will  think  it  reasonable  we  should 
act  agreeably  to;  and,  by  the  grace  of  God,  we  will 
endeavour  net  to  deceive  them."    In  honor  to  them- 
selves, they  compliment  him  for  his  neglecting  to  in- 
fluence the  late  elections,  and  take  it  as  a  pledge  of 
his  good  conduct  in  future.    Throughout  the  whole, 
they  ^re  cautious  to  promise  him  nothing,  but  a  vigi- 
lance for  the  public  interest ;  and  when  they  thank 
him  for  his  promises,  they  impute  them  to  a  con- 
sciousness that  they  are  not  favors,  but  duties ;  and 
if  he  performs  them,  they  will  then  consider  him  as 
fulfilling  the  commands  and  copying  the  example  of 


^•■W!»>iM"i-M.""'  " — ~"~ 


[Cliap.  I. 

I,  and  coarse, 
ch  they  mean 
t  Assembly  as 
by  detestable 
e :  after  which 
the  propriety 
;  the  utility  of 
only  upon  the 
r  courts,  and 
;e8  of  officers, 
es.  They  \  ro- 
iections  drawn 
dience  to  the 
!  -deficiency  of 
heir  predeces- 
tas  the  receiv- 
him  that  they 
r,"  to  use  their 
we  either  will 
what  we  shall 
nisappl /,  if  we 
»  any  other  de- 
fit  and  just  to 
)r  revenue  we 
B  year;  nor  do 
hat,  until  such 
pessary  for  the 
,  who  have  re- 
ose,  and  whicli 
ible  we  should 
•f  God,  we  will 
honor  to  them- 
eglecting  to  in- 
;  as  a  pledge  of 
jout  the  whole, 
ling,  but  a  vigi- 
hen  they  thank 
hem  to  a  con- 
ut  duties;  and 
consider  him  as 
the  example  of 


the  King,  «  who  makes  the  good  and  happiness  of  his 
subjects  his  chiefest  care  and  greatest  glory." 

Mr.  Clarke,  who  knew  that  all  this  was  concio  ad 
populum,  far  from  intimating  the  least  displeasure  at 
its  asperity,  prudently  engaged  his  assent  to  the  elec- 
tion btUs,  or  any  others  consistent  with  his  duty  to 
the  crown;  and  that  in  every  condition  of  life,  the 
provmce  should  have  his  best  services. 

The  old  party  had  made  some  efforts  at  the  elec- 
tion, but  with  little  success.  Their  most  strenuous 
exertions  were  in  the  city,  during  the  session  to  intro- 
duce /idolph  Philipse,  the  late  speaker,  in  the  place 
of  Gerrit  Van  Home,  a  deceased  member,  whose  son 
offered  himself  in  the  place  of  hie  father. 

Before  Cosby  the  Sheriff  had  made  a  return  of  Mr. 
Phihpse,  petitions  were  preferred  by  the  other  can- 
didate and  his  electors,  complaining  of  partiality ; 
upon  which  the  House  ordered,  that  neither  of  them 
should  sit,  till  the  conduct  of  the  Sheriff  had  been 
examined  and  considered. 

Mr.  Smith  appeared  as  counsel  for  Van  Home,  and 
insisted  that  Philipse  should  distinguish  which  of  the 
allegations  of  his  client  he  denied  or  confessed,  that 
time  might  be  saved  in  the  exhibition  of  the  proofs. 
His  antagonist,  more  consistent  with  the  usage  of 
Parliament,  moved  and  carried  a  majority  for  a 
scrutiny  of  the  votes. 

This  success  provoked  an  attack  upon  Mr.  Alex- 
ander, who  was  of  the  minority  on  that  questioi  It 
was  insisted  that,  as  a  member  of  the  Council,  he 
ought  not  to  be  admitted  to  sit  in  the  Lower  House. 
1  he  result  was,  a  promise  on  his  part  that,  as  he  had 
not,  since  his  election,  so  he  would  not  act  in  Coun- 
cil during  the  continuance  of  that  Assembly;  and  a 
resolve,  that  while  he  kept  it,  he  was  duly  qualified, 
but  that  on  the  breach  of  it,  he  should  be  expelled. 

Van  Home  and  Philipse  were  directed  to  exchange 
lists  of  the  exceptionable  electors ;  but  the  Sheriff 
and  Van  Home  were  first  heard,  and  the  former  ac- 
quitted of  the  charge  of  misbehaviour.  In  the  debates 
between  the  candidates,  Mr.  Smith  made  a  question. 


:ffjaii^!' 


38 


[Chap,  f . 


whether  the  Jews  were  qualified  for  electors,  some 
of  them  having  voted  for  Mr.  Philipse.  The  cavil 
was  taken  up  hastily  in  one  day,  and  referred  for  ar- 
gument on  the  next ;  and  a  resolve  carried  against 
the  Hebrews  by  the  mere  dint  of  eloquence. 

The  auditors  of  this  memorable  debate  of  the  23d 
September,  never  mention  it  without  the  highest  en- 
comiums upon  the  art  of  the  orator.* 

Mr.  Murray,  as  counsel  for  Mr.  Philipse,  drily  urg- 
ed the  authority  of  the  election  law,  giving  a  vote  to 
aU  freeholders  of  competent  estates,  without  except- 
ing the  descendants  of  Abraham,  according  to  the 
flesh;  and  with  astonishment  heard  a  reply,  which 
captivated  the  audience  into  an  opinion,  that  the  ex- 
ception must  be  implied  for  the  honor  of  Christi- 
anity and  the  preservation  of  the  constitution.  The 
whole  history  of  the  conduct  of  England  against  the 
Jews,  was  displayed  on  this  occasion,  and  arguments 
thence  artfully  deduced  against  their  claims  to  the 
civil  rights  of  citizenship.  After  expressing  the  emo- 
tions of  pity  naturally  arising  upon  a  detail  of  their 
suflferings  under  the  avaricious  and  barbarous  policy 
of  ancient  times,  he  turned  the  attention  of  his  hear- 
ers to  that  mystery  of  love  and  terror  manifested  in 
the  sacrifice  of  Christ ;  and  so  pathetically  described 
the  bloody  tragedy  at  Mount  Calvary,  that  a  member 
cried  out  with  agony  and  in  tears,  beseeching  him  to 
desist,  and  declaring  his  conviction.  Many  others 
wept ;  and  the  unfortunate  Israelites  were  content  to 
lose  their  votes,  could  they  escape  with  their  lives ; 
for  some  auditors  of  weak  nerves  and  strong  zeal, 
were  so  inflamed  by  this  oratory,  that  but  for  the  in- 
terposition of  their  demagogues,  and  the  votes  of  the 
House  in  their  favour,  the  whole  tribe  in  this  disper- 


*  Mr.  Smith  was  born  8th  October,  1697,  at  Newport  Pagnel,  Buck- 
inghamshire. England  ;  was  then  at  the  zge  of  40 :  he  had  his  first  educa- 
tion from  Mr.  Stannard,  the  minister  of  Simpson  in  Bucks,  and  Mr.  Wood- 
ward and  Mr.  Lettin,  of  Newport  Pagnel  in  that  county.  He  left  Londoa 
with  his  father's  family,  24tti  of  May,  1715,  and  arrived  at  New-York  17th 
of  August  in  the  same  year. 


'^''oS'«^&W^lJ^».W-^'.<f^.''^'-<'i-'-.-°.''g.--''--J.'-' 


[Cliap.  I. 

jctore,  some 
The  cavil 
;rred  for  ar- 
•ried  against 
nee. 

e  of  the  23d 
;  highest  en- 

»e,  drily  urg- 
ing a  vote  to 
hout  except- 
rding  to  the 
reply,  which 
,  that  the  ex- 
>r  of  Christi- 
tution.    The 
d  against  the 
id  arguments 
claims  to  the 
sing  the  emo- 
letail  of  their 
barous  policy 
n  of  his  hear- 
manifested  in 
dly  described 
hat  a  member 
eching  him  to 
Many  others 
ere  content  to 
th  their  lives ; 
d  strong  zeal, 
but  for  the  in- 
le  votes  of  the 
in  this  disper- 


port  Pagnel,  Buck- 
!  had  his  first  educa- 
icks.  and  Mr.  Wood- 
ty.  He  left  London 
id  at  New- York  nth 


1737.] 


39 


sion  would  have  been  massacred  that  very  day,  for 
the  sin  of  their  ancestors  in  crucifying  Jesus  of  Na- 
zareth, and  imprecatitig  his  innocen*  blood  upon 
themselves  and  their  children. 

It  is  at  yuch  moments  that  the  arts  of  persuasion 
show  their  power,  and  few  men  were  more  eminently 
possessed  of  them  than  Van  Hornets  counsellor.  He 
had  the  natural  advantages  of  figure,  voice,  vivacity, 
memory,  imagination,  promptness,  strong  passions, 
volubility,  invention,  and  a  taste  for  ornament.  These 
talents  were  improved  by  the  assiduous  industry  of 
a  robust  conntitution,  with  uninterrupted  health  and 
temperance,  in  the  pursuit  of  various  branches  of  sci- 
ence, and  particularly  in  the  law  and  theology.  His 
progress  in  the  latter  was  the  more  extensive,  from 
an  early  turn  to  a  life  of  piety  and  devotion.  He  stu- 
died the  Scriptur;  -  in  their  originals,  when  young, 
and  in  advanced  life  they  were  so  familiar  to  him, 
that  he  often  read  them  to  his  family  in  English  from 
the  Hebrew  or  Greek,  without  the  least  hesitation. 
He  was  bred  a  Dissenter  in  Buckinghamshire,  and 
attached  to  the  doctrines  of  Calvin :  a  great  pan  of 
his  time  was  spent  in  the  works,  French,  English,  and 
Latin,  of  the  most  celebrated  divines  of  that  stamp. 
He  was  for  some  time  in  suspense  about  entering  into 
the  service  of  the  church.  Dr.  Colman  of  Boston, 
upon  the  perusal  of  a  letter  of  his  penning,  in  the 
name  of  the  Presbyterian  Church  of  New- York,  re- 
questing a  minister  to  take  the  care  of  it,  declared  that 
no  man  could  be  more  fit  than  he  who  had  so  well 
described  the  character  of  a  proper  subject  for  that 
vacancy.  These  things  are  mentioned,  to  account 
for  that  surprise  of  his  auditors  at  that  copia  and  ora- 
tory which  Mr.  Smith  indulged,  when  he  laid  aside 
his  law  books  and  took  up  the  Bible  in  the  debate  I 
have  mentioned.  He  imagined  that  the  House  would 
reject  the  votes  of  all  the  non-resident  freeholders, 
and  if  the  Jewish  voices  were  struck  out  of  the  poll- 
lists,  that  his  client  would  prevail.  His  religious  and 
political  creed  were  both  inflamed  by  the  heat  of  the 
♦imes.    It  was  natural  to  a  mind  trembling  several 


u 


j<j. 

!i^' 
;*). 
Ki 


40 


years  past  for  the  liberties  of  the  colony,  and  himself 
then  under  the  rod  of  oppression,  for  asserting  them, 
to  take  tire  at  the  prospect  of  the  most  distant  inlet  of 
mischief.  And  perhaps  he  was  not  himself  conscious 
at  that  time,  of  the  length  to  which  his  transition, 
from  the  impolicy  of  a  Jewish  interposition  in  the  le- 
gislation of  a  Christian  community,  to  the  severity  of 
exercising  it,  would  carry  him.  That  severity  was 
then  to  be  justified,  and  to  this  he  reconciled  his 
judges  by  an  affecting  representation  of  the  agonies 
of  the  Cross.  He  prepared  no  notes  for  this  memo- 
rable speech:  it  was  delivered  within  a  few  houre 
afler  the  thought  of  an  implicative  exception  in  the 
election  act  was  first  conceived ;  and  the  astonish- 
ment of  the  audience  rose  the  higher,  by  the  rare  in- 
stance of  so  much  pulpit  eloquence  from  a  law  cha- 
racter at  the  bar  of  the  House. 

But  though  the  Israelites  were  rejected,  the  non- 
resident voices  were  accepted,  and  Mr.  Philipse,  with 
his  nephew  the  second  Justice,  admitted  to  a  share 
in  councils  which  they  would  neither  sway  nor  con- 
trol. And  yet  this  act  of  justice  to  the  old  speaker 
gave  great  offence  without  doors;  the  majority  adopt- 
ing Mr.  Alexander's  erroneous  opinion,  contrary  to 
legal  exposition  and  parliamentary  usage,  that  a  per- 
sonal residence  was  as  requisite  in  the  elector,  as 
communion  of  interests  by  a  competent  freehold. 

The  Judges  too,  about  this  time  grew  not  only  im- 
patient under  the  reproaches  incurred  by  the  order 
fbr  silencing  Zenger's  counsel,  but  fearful  of  its  con- 
sequences. The  populace  wishing  for  an  opportu- 
nity, by  action  for  damages,  to  repay  them  the  losses 
they  had  sustained,  their  resentment  rose  the  higher, 
as  Mr.  Smith,  who  had  lately  visited  Virginia,  was* 
importuned  to  remove  to  that  colony.  To  effect  a 
reconciliation,  the  Lieutenant  Governor  and  Mr. 
Murray  were  employed  to  feel  the  pulses  of  the  two 
popular  lawyers,  and  testify  the  wisnes  of  the  Judges 
that  they  would  return  to  the  bar.  After  some  punc- 
tilios, hhnore  servanda^  the  Judges  agreed  to  cancel 
their  injurious  order,  upon  the  promise  of  the  latter 


[Chap.  I 


"  i-'fHS'ittSt^'iS^'' 


[Chap.  I. 

,  and  himself 
erting  them, 
stant  inlet  of 
slf  conscious 
is  transition, 
ion  in  the  le- 
e  severity  of 
severity  was 
conciled  his 

■  the  agonies 
r  this  memo- 
a  few  houre 
eption  in  the 
the  astonish- 
f  the  rare  in- 
n  a  law  cha- 

:ed,  the  non- 
'hilipse,  with 
d  to  a  share 
way  nor  con- 
I  old  speaker 
ijority  adopt- 
,  contrary  to 
;e,  that  a  per- 
e  elector,  as 
freehold. 
1  not  only  im- 
by  the  order 
ill  of  its  con- 

■  an  opportu- 
em  the  losses 
5e  the  higher, 
Virginia,  was* 

To  effect  a 
nor  and  Mr. 
es  of  the  two 
of  the  Judges 
T  some  punc- 
ed  to  cancel 
I  of  the  latter 
.,  *■  - 


I7J7.] 


m 


toreleaseall  actions  and  damages,  under  the  pretext 
of  gratifynig  the  timidity  of  their  wives,  who  were  said 
to  be  111  constant  anxiety  from  the  apprehension  of 
prosecutions  and  outrages.  And  in  the  October  Term 
this  year,  Mr.  Alexander  and  Mr.  Smith  appeared 
again  at  the  bar,  without  any  further  condescensions 
on  either  side. 

The  patriots  obtained  a  variety  of  popular  laws  in 
the  course  of  the  session.    The  militia  was  modelled  • 
the  practice  of  the  law  amended;  triennial  elections 
ordained;  the  importation  of  base  copper  money  re- 
strained; courts  for  the  summary  decision  of  petty 
suits   established;    a  mathematical   and   grammar 
school  encouraged ;  extravagant  usury  prohibited  bv 
a.>e  reduction  of  interest  from  eight  to  seven  per  cent"- 
pedlers  regulated;  Oswego  supported,  and  the  In- 
dian  commerce  proniited;  paper  money  emitted, 
and  a  Loan  Office  erected ;  provision  madfe  for  pre- 
serving  the  metropolis  from  destruction  by  fires ;  and 
the  precedent  set  for  compelling  the  officers  of  go- 
vernment  to  a  reliance  upon  the  annual  provision  of 
the  Assembly  for  their  support. 

But  these  institutions  were  nevertheless  inade- 
quate to  the  elevated  expectations  of  the  multitude, 
and  short  of  the  intentions  of  their  leaders.     Otiiei' 
bills  were  brought  in,  which  oid  not  at  that  time  pass 
in  o  laws.    They  meant  to  regulate  elections,  and 
totally  to  exclude  the  influence  of  the  crown ;  to  ap- 
point inspectors  of  exported  flour;  to  restrain  the 
sale  ol  strong  liquors  to  apprentices  and  servants, 
and  to  others,  upon  credit;   to  reduce  the  fees  of 
officers;  to  engross  the  appointment  of  an  agent  at 
the  Court  of  Great  Britain;  to  promote  shi Auild-  ~ 
ing;  and  to  give  the  Quakers  a  further  indulgence,      . 
by  exempting  them  from  the  trouble  of  producinff 
he  certificates  of  the  Quarterly  meetings,  required 
by  the  late  act,  of  their  having  been  members  of  that 
persuasion  a  year  before  the  offer  of  themselves  for 
an  affirmation.    Some  of  these  bills  failed  by  the  on- 
position  of  the  Council,  who,  on  the  day  of  the  final 
debates  between  Van  Home  and  Philipse,  (12th 


42 


[(Jhaj..  r. 


1  '•  '^"i 

m 


'III 


October),  signified  Uicir  coiicmiencc  to  two  bills  in 
{i  way  not  usual,  by  their  Clerk.  There  had  never 
been  more  than  three  instances  of  that  kind,  and 
those  were  messages  to  the  late  Assembly,  between 
whom  and  the  Council  there  was  a  perfect  concord 
upon  party  principles.  The  ancient  usage  of  the 
Council,  was  to  send  by  one  of  their  own  members ; 
and  the  present  Assembly  resented  the  innovation, 
and  demanded  satisfaction  for  the  insult. 

The  Clerk  brought  an  answer  to  it  a  few  days  af- 
terwards, and  was  nnmediatcly  ordered  back  with  a 
peremptory  declaration,  that  the  Assembly  would 
thenceforth  receive  no  message  from  the  Council  by 
that  officer. 

They  then  began  to  cavil  with  the  most  favourite 
bills  of  the  majority,  and  embarrass  their  progress 
by  proposing  amendments,  and  sent  othern  lo  the 
Lieutenant  Governor  with  intimation  to  the  House  of 
their  concurrence,  and  were  also  silent  as  to  some 
which  they  either  rejected  or  neglected  to  the  close 
of  the  session,  and  which,  for  that  reason,  were  ne- 
ver passed  into  laws.  They,  however,  abandoned 
the  attempt  for  maintaining  an  intercourse  by  their 
Clerk,  a  novelty  weakly  introduced,  because  in  itself 
unjustifiable,  which  exposed  them  to  the  contempt  of 
the  people,  and  would  doubtless  (if  by  this  folly  a 
stagnation  of  the  public  business  had  ensued)  have 
incurred,  as  every  futile  controversy  of  that  House 
will  with  a  popular  Assembly,  the  displeasure  of  the 
Crown  and  a  new  set  of  Counsellors. 

To  the  triennial  act,  they  proposed  a  variety  of 
amendments;  some  the  AssembJy  rejected;  the 
Council  adhered  to  all  of  them.  The  lower  House 
demanded  a  conference.  They  consented,  and  ap- 
pointed Messrs.  Livingston,  Delancey,  and  Horsman- 
den,  their  managers.  The  Assembly  nominated  theirs, 
but  bound  them  by  instructions.  When  the  joint 
committees  met,  the  managers  for  the  Council  only 
delivered  a  paper  with  their  reasons  for  their  amend- 
ments. They  were  reported,  and  the  House  signified 
that  they  were  not  satisfactory,  and  repeated  their 


two  bills  ill 
2  had  never 
t  kind,  and 
»ly,  between 
feet  concord 
isage  of  the 
n\  members ; 
e  innovation, 

i. 

,  few  days  af- 
l  back  with  a 
Dmbly  would 
le  Council  by 

noHt  favourite 
.heir  progress 
others  lo  the 
0  the  House  of 
;nt  as  to  some 
ed  to  the  close 
ason,  were  ne- 
er,  abandoned 
ourse  by  their 
lecause  in  itself 

[le  contempt  of 
by  this  folly  a 
ensued)  have 
of  that  House 
pleasure  of  the 

led  a  variety  of 
rejected ;    the 
e  lower  House 
jented,  and  ap- 
r,and  Horsman- 
ominated  theirs, 
When  the  joint 
he  Council  only 
for  their  amend- 
I  House  signified 
repeated  their 


4J 

demand  of  a  free  conference.  This  was  assented  to 
ivith  notice  of  the  time  and  place.  New  managers 
were  nominated  by  the  Assembly,  who  reporting  in 
favour  of  the  amendments,  they  were  accordingly 
adopted.  Mr.  Alexander  was  of  this  last  committee. 
The  bill,  as  it  was  at  first  framed,  had  absurdly,  in 
derogation  of  the  prerogative,  made  it  necessary  to 
hold  an  Assembly  m  the  capital  and  not  elsewhere. 
But  the  loss  of  bills  for  regulating  elections  and  ad- 
justing the  fees  of  officers,  contributed  greatly  to  the 
general  dissatisfaction ;  they  were  botli  carried  up 
to  the  Council,  who  were  silent  as  to  the  former, 
till  stimulated  by  a  message  concerning  its  progress, 
and  then  apologized  for  their  non-concurrence,  till 
they  could  be  informed  of  all  the  services  the  officers 
were  to  perform,  which  were  not  then  to  be  obtained 
in  the  multiplicity  of  business  and  at  the  close  of  the 
session.  The  act  against  corruption  in  elections, 
which  also  wont  up  late,  was  retarded  by  the  propo- 
sal of  amendments ;  upon  the  receipt  of  which,  Mr. 
Alexander  was  desirous  to  appeal  to  the  people,  by 
printing  both  the  bill  and  the  alterations.  He  lost 
his  motion  by  a  single  voice,  and  the  bill  was  never 
returned. 

Mr.  Clarke  put  an  end  to  the  session  three  days 
afterwards, affecting  the  highest  satisfaction  with  their 
conduct,  and  expressing  his  gratitude  for  their  regard 
to  his  Majesty's  honor.  He  had  procured  the  pay 
account  of  the  deficiency  of  the  revenue  and  the 
augmentation  of  his  own  salary  to  fifteen  hundred 
and  sixty  pounds,  and  acquired  the  general  esteem 
without  risking  the  resentment  of  his  master,  for  the 
triennial  act  was  soon  after  repealed  in  England,  and 
the  lower  branches  of  the  Legislature  divided  be- 
tween them  the  odium  of  all  the  disappointments  both 
of  the  Crown  and  the  subject. 

The  Assembly,  before  they  separated,  entered  a 
protest  on  their  journals  against  the  new  practic .?  of 
the  Council  in  concealing  their  concurrence  in  seve- 
ral laws  they  passed  by  the  Lieutenant  Governor, 
which  had  its  effect,  for  it  has  not  since  been  adhered 


VI 


44 


[Chap.  1. 


to.  This  is  a  proof  that  Mr.  Clarke  was  privy  to  the 
design,  it  being  unusual  to  re-assemble  after  passing 
all  the  laws. 

They  sent  the  Speaker  to  him  with  their  thanks, 
and  requested  of  his  favourable  representation  to 
procure  the  Royal  approbation  of  the  triennial  act, 
and  then  adjourned  themselves  with  his  leave. 

The  Cosbyan  party  had,  for  some  time,  considered 
the  Lieutenant  Governor  as  a  deserter.  He  knew 
this,  and  grew  daily  suspicious  of  their  power  to  in- 
jure him  by  the  agency  of  the  Council,  whose  con- 
sent was  necessary,  not  only  in  the  appointment  of 
officers,  but  the  grant  of  the  waste  lands  of  the 
Crown,  from  which  the  Governor,  at  that  day,  de- 
rived the  greater  part  of  his  profits  and  emoluments ; 
but  it  was  also  essential  to  his  interest  to  be  upon 
good  terms  with  the  Assembly,  for  upon  them  he  de- 
pended for  the  continuation  of  his  salary,  and  he  flat- 
tered himself  that  he  should  still  be  able  to  re-esta- 
blish the  practice  of  a  provision  for  years. 

In  this  dilemma  he  determined  to  undermine  the 
popular  leaders.  This  he  effected  by  encouraging 
them  with  hopes  of  preferment,  judging  that,  if  they 
took  the  bait,  the  people,  whom  they  had  brought  to 
despise  all  Senators  in  office,  would  hold  them  in  con- 
tempt, and  that  then  he  could  easily  attain  his  own 
objects,  by  the  dread  of  a  dissolution ;  such  a  turn 
would,  at  the  same  time,  render  the  Council  obsequi- 
ous to  his  interest  in  the  land-office,  where  he  derived 
an  income,  not  only  as  Lieutenant  Governor,  but  as 
the  Secretary  and  Clerk. 

His  stratagem  succeeded  to  his  wishes.  Mr.  Mor- 
ris the  Speaker,  Siinon  Johnson,  and  others,  listened 
to  his  oners  of  places  under  the  government,  and  Mr. 
Clarke  promised  his  influence  upon  the  Council  in 
their  favour,  after  it  had  been  concerted  that  the 
Board  should  resolutely  refuse  their  consent.  The 
intrigues  of  the  chief  demagogues  were  not  known 
abroad  till  ti.ey  themselves  discovered  the  snare,  and 
they  instantly  fell  from  the  heights  of  popularity  into 
the  most  abject  contempt.    This  was  the  condition  of 


^■'■,'j?i^??^^!a3Sg'a;w^-;.-^'^;-^'  • 


[Chap.  1. 

ivas  privy  to  the 
le  after  passing 

h  their  thanks, 
presentation  to 
iie  triennial  act, 
his  leave, 
ime,  considered 
rter.    He  knew 
eir  power  to  in- 
icil,  whose  con- 
appointment  of 
e  lands  of  the 
t  that  day,  de- 
nd  emoluments ; 
rest  to  be  upon 
pon  them  he  de- 
lary,  and  he  flat- 
able  to  re-esta- 
ycars. 
undermine  the 
by  encouraging 
ing  that,  if  they 
'  had  brouglit  to 
lold  them  in  con- 
y  attain  his  own 
ion ;  such  a  turn 
Council  obsequi- 
vhere  he  derived 
jrovernor,  but  as 

ishes.  Mr.  Mor- 
l  others,  listened 
ernment,  and  Mr. 
t  the  Council  in 
ncerted  that  the 
ir  consent.  The 
were  not  known 
d  the  snare,  and 
)f  popularity  into 
is  the  condition  of 


the  popular  party,  not  only  mistrusted  but  hated, 
when  Mr.  Clarke  met  them  in  the  autumn  of  1738. 

Conscious  of  his  superiority,  he  reminded  them, 
alter  proposing  an  address  of  condolence  on  the 
death  of  Queen  Caroline,  that  the  Crown  was  with- 
out support  by  the  late  project,  not  warranted  by 
usage  nor  consonant  to  gratitude,  and  insisted  upon 
as  large  and  long  a  revenue  as  formerly.    He  then 

^?^u«^  .'  *^**'  ^^^y  ^^^  seventeen  thousand  pounds 
01  bills  in  circulation,  without  funds  to  sink  them  and 
preserve  their  credit— proposed  the  continuation  of 
the  excise  for  that  purpose,  but  not  unless  they  gave 
the  King's  government  a  permanent  support.  He 
added  the  unwelcome  information,  that  their  tonnage 
duty  act  of  1734  was  in  danger  of  a  disallowance  on 
representation  of  the  agents  of  other  colonies— urg- 
ed the  appointing  one  for  this  province— insisted  on 
finishing  the  fortifications,  and  recommended  unani- 
miiy,  as  a  duty  to  their  King  and  country. 

The  elder  Morris  foresaw  the  storm,  and  havin«- 
provided  for  himself  when  last  in  England,  he  an^ 
nounced  his  appointment  to  the  governmentof  New- 
Jers  Y»  and  declining  his  services  here,  a  writ  was  or- 
dered to  supply  that  vacancy. 

No  address  being  ordered,  nor  any  steps  taken, 
except  for  promoting  popular  bills,  from  the  5th  to 

lu  lu^^^P*,®"**®^'  ^'*-  ^^^^'^e  prorogued  them  to 
the  5th  October,  and  again  on  the  11th  October  to 
the  next  day.  On  the  1 3th  he  called  them  before 
film,  and  insisted  upon  what  he  had  already  men- 
honed—alarmed  them  with  the  intention  of  the 
trench,  to  make  settlements  near  the  Wood  Creek, 
not  far  above  Albany— advised  the  erection  of  a  fort 
there,  and  planting  in  that  country  the  Scotch  emi- 
grants just  arrived,  and  for  whose  relief  he  asked 
their  aid;  added,  what  he  had  before  hinted  in  a  let- 
ter to  the  Speaker,  that  the  Senecas  were  treating 
with  Mr.  Beauharnois,*  then  the  Governor  of  Cana- 


fi 


rlift^fottS '"'^  ^°"'''' "'""""'  "P"*"''  '<»  ^«  •  »"*""'»  -"">  «f 


46 


[Chap,  f . 


da,  about  the  land  of  Irondequot,  and  recommended 
an  immediate  prior  purchase.* 

They  soon  after  formed  the  design  of  tacking 
clauses  for  the  continuation  of  their  paper  money  to 
the  yearly  support  bill.  Mr.  Clarke,  through  their 
Speaker,  intimated  his  objections  to  that  proceed- 
ing ;  en  which  they  unanimously  resolved  not  to  pass 
the  support  bill  without  assurances  that  the  paper 
money  of  1 7 1 4  and  1717,  and  the  excise  to  cancel  the 
bills,  should  be  continued  for  some  years.  To  this 
he  replied,  that  he  would  not  assent  without  a  per- 
manent revenue.  They  then  resojvpd  on  tacking  the 
clauses ;  and  the  next  day  he  dissolved  them,  after 
sharp  reprehensions  for  their  inattention  to  the  ob- 
jects he  had  recommended,  and  to  facilitate  the  • 
changes  he  had  in  view  he  suspended  the  new  writ  of 
summons  to  the  14th  July,  1739. 

The  choice  of  Mr.  Adolph  Philipse  for  the  chair 
in  the  next  Assembly,  held  m  March,  is  a  proof  that 
the  electors  were  unfavourable  to  the  anti-Cosbyan 
chiefs ;  some  of  the  warm  men  of  the  last  House 
were  returned,  and  a  dread  of  the  multitude  fell  upon 
both  parties.  The  collective  body,  animated  and 
enlightened  during  the  late  troubles  by  the  patriotic 
publications  which  were  universally  read,  became 
jealous  of  the  common  interests,  suspicious  of  all 
officers,  and,  by  reason  of  former  apostacies,  more 
particularly  vigilant  respecting  the  conduct  of  such 
as  themselves  had  raised  into  power. 

Mr.  Clarke's  speech,  therefore,  though  importunate 
for  the  re-establishment  of  the  old  practices  of  sup- 
plies for  a  number  of  years,  was  cautious  and  sooth- 
ing :  and  after  urging  the  erection  and  repair  of  forts, 
the  purchase  of  Irondequot,  presents  for  the  Indians, 
and  aid  to  the  Scotch  emigrants  from  Isla,  who  had 


*  The  history  of  the  disappointments  of  Captain  Laughlin  Campbell  and 
his  Scotch  associates,  was  anticipated  in  the  first  volume,  published  in 
1756,  which  gare  offence  to  Mr.  Colden,  the  Surveyor  General,  who  was 
uneasy  under  the  representation  made  ia  juatico  to  those  anfortunate  ad- 
venturers. 


A 


[Chap.  I. 

jcommended 

of  tacking 
>er  money  to 
hrough  their 
hat  proceed- 
id  not  to  pass 
at  the  paper 
to  cancel  the 
ars.  To  this 
ithout  a  per- 
n  tacking  the 
1  them,  after 
on  to  the  ob- 
facilitate  thc- 
e  new  writ  of 

for  the  chair 
5  a  proof  that 
anti-Cosbyan 
e  last  House 
tude  fell  upon 
mimated  and 
the  patriotic 
ead,  became 
picious  of  all 
stacies,  more 
iduct  of  such 

h  importunate 
ctices  of  sup- 
US  and  sooth- 
•epair  of  forts, 
>r  the  Indians, 
Isla,  who  had 


i^lilin  Campbell  and 
luinc,  published  in 
General,  who  was 
ose  anfortunate  ad- 


1739.J 


m 


wintered  here,  lie  recommended  a  new  law  to  regu- 
late juries,  instead  of  an  old  expired  one  passed  in 
1699. 

The  address  gave  him  only  general  assurances  of 
a  mature  consideration  of  these  points ;  lamented  the 
loss  of  the  triennial  act,  repealed  by  the  King;  and 
hinted  that  they  would  oiTer  him  one  for  septennial 
Assemblies. 

The  small-pox  raged  at  that  time  in  the  capital,  and 
the  country  members,  though  the  House  sat  at  Green- 
wich, were  very  desirous  of  a  recess.  To  procure 
this  they  consented  to  a  provision  for  a  few  months, 
and  bore  the  affront  of  messages  from  the  Corncil 
by  their  Clerk ;  but  when  they  met  again  in  August, 
they  protested  against  the  repetition  of  it,  and  from 
this  period  they  have  been  invariably  brought  by  one 
of  the  members  of  the  Council. 

It  was  not  till  this  late  day  that  the  House  was  fur- 
nished with  a  set  of  the  statutes,  and  the  votes  of  the 
Common')  v.'  Ekigland,  which,  with  the  acts  of  the 
other  Cok'  ,  'md  been  ordered  by  the  Assembly, 
whose  jou  though  more  regular  than  formerly, 

still  discover  many  proofs  of  their  ignorance  of  the 
usages  of  Parliament.* 


*  What  a  contrast  in  every  thing  respecting  the  cultivation  of  science 
between  this  and  the  Colonies  first  settled  b^  the  English.  Near  one  hun- 
dred and  thirty  years  had  now  elapsed  since  the  discovery  of  New- York, 
and  seventy-three  from  its  subjection  to  the  Crown  of  England.  When  the 
Legislature  borrowed  acts  of  Parliament  from  private  libraries,  they  were 
seldom  inspected,  nor,  perhaps,  much  admired.  South  Carolina  had  at- 
tempted, by  an  act  of  Assembly  of  the  last  century,  to  extend  a  variety  of 
the  old  statutes,  and  renewed  it  again  in  1712.  It  is  entitled,  "  An  act  to 
put  in  force  in  this  province  the  several  statutes  of  the  kingdom  of  England, 
or  South  Britain,  therein  particularly  mentioned."  The  preamble  is  in 
these  words : — "  Whereas  many  of  the  statute  laws  of  the  kingdom  of 
England,  or  South  Britain,  by  reason  of  the  different  way  of  agriculture 
and  the  different  productions  of  the  earth  of  this  province  from  that  of  Eng- 
land, are  altogether,  and  many  others,  which  otherwise  are  very  apt  and 
good,  either  by  reason  of  their  limitation  to  particular  places,  or  because 
in  themselves  they  are  only  executive  by  such  nominal  ofiScers  as  are  not 
in  nor  suitable  to  the  constitution  of  this  government,  are  hereby  become 
impracticable  here."  The  1st  section  enumerates  and  extends  the  general 
and  principal  acts  of  the  statute  book  to  the  4th  and  5th  of  Queen  Anne. 
The  2d,  extends  such  as  they  refer  to.  The  3d,  all  such  as  relate  to  the 
allei^iance  and  the  rights  and  liberties  of  the  subject.     The  4th,  that  the 


w 


S 


4» 


[Chap.  1. 


'  I  ; 


Mr.  Clarke  renewed  his  former  attempts  at  the  next 
convention  of  the  Assembly,  and  to  promote  ship- 
building (an  art  since  carried  to  great  perfection) 
advised  the  giving  bounties  with  apprentices ;  and  at 
the  same  time  gave  them  notice  of  Governor  Bel- 
cher's request,  for  the  nominating  commissioners  to 
join  with  others,  to  be  appointed  by  the  Assembly  of 
Massachusetts  Bay,  in  ascertaining  the  line  of  parti- 
tion between  the  two  provinces,  which  was  repeated 
during  the  session  by  a  letter  from  that  Governor  of 
the  1  th  September,  with  a  threat  of  carrying  it  out 
for  themselves,  if  these  instances  were  slighted ; — 
words  which  they  fulfilled  some  years  afterwards,  to 
the  great  detriment  of  private  property  in  this  colo- 
ny, and  the  waste  of  pubHc  money,  and  not  without 
the  effusion  of  blood. 

The  Assembly's  neglect  to  vote  an  address,  their 
immediate  attention  to  a  militia  bill,  the  call  for  ac- 
counts of  expenditures  and  estimates  of  the  new  for- 
tifications, were  all  unfavourable  omens  of  the  Lieu- 
tenant Governor's  disappointment.    He  discovered, 


authority  they  give  to  Parliament  shall,  in  Carolina,  be  construed  to  be  in 
the  Assembly  ;  that  to  the  Lord  Chancellor,  to  the  Governor  and  Council ; 
(hat  their  Chief  Justice  shall  exercise  the  powers  of  the  Judges  of  the 
Common  Pleas,  King's  Bench,  Exchequer,  Justices  of  the  Sessions,  Com- 
missioners of  Oyer  and  Terminer;  and  other  officers,  those  of  similar  offi- 
cers in  England.  The  5th,  that  so  much  of  the  cominois  law  as  is  not  al- 
tered by  the  statutes,  so  enumerated  by  the  act  taking  wards  and  liveries, 
the  old  tenures  in  caoite  and  knights'  service,  purveyance,  or  that  part  of  the 
common  law  relating  to  matters  ecclesiastical,  not  repugnant  to  the  settle- 
ment of  the  Church  of  England  in  Carolina,  be  declared  to  be  in  as  full 
force  as  in  Englan*!.  The  6th,  subjects  their  officers  to  the  like  penalties. 
The  7th,  respects  their  fees.  The  8th,  courts  and  prisons.  The  9th,  con- 
firms the  mode  of  conveyancing,  by  lease  and  release,  prior  to  the  extend- 
ing of  the  statute  of  uses.  1 0th,  extends  all  the  English  statutes  concern- 
ing customs,  trade,  and  navigation.  The  lltli,  declares  all  other  statutes, 
not  transmitted  since  8th  oi  Anne,  to  be  unaffected  by  this  act.  The  12th, 
that  this  act  shall  not  affect  the  statute  of  13tli  of  Charles  11.— cap.  8th, 
declaring  the  sole  right  of  the  militia  to  be  in  the  King.  The  TJth,  nothmg 
j-,  any  of  the  above  statutes,  abridging  the  liberty  of  conscience  or  any  ec- 
clesiastical liberty,  were  considered  as  extended  by  that  act,  nor  to  alter 
their  course  of  proceeding  <»nd  balloting  jurors  under  a  former  act  of  As- 
sembly of  7th  January  1694-5,  or  any  other  act  of  the  provinco.  It  is  not 
improbable  that  the  British  Legislature  (3d  George  II.)  took  the  hmt  of 
balloting  jurors  from  that  Carolina  act,  as  they  had  for  pleading  a  discount 
from  one  enacted  here  several  years  before  the  statute  of  2d  George  H. 
cap.  23. 


^nwan^^m  yy- 


I 


[Chap.  1. 

18  at  the  next 
omotc  ship- 
perfection) 
ices ;  and  at 
vernor  Bel- 
lissioners  to 
Assembly  of 
ine  of  parti- 
as  repeated 
Sovernor  of 
rrying  it  out 
slighted ; — 
'ter wards,  to 
in  this  colo- 
not  without 

3dress,  their 
t  call  for  ac- 
the  new  for- 
of  the  Lieu- 
discovered, 


jastnied  to  be  in 
■nor  and  Council ; 
.he  Judges  of  the 
le  Sessions,  Com- 
)se  of  similar  offi- 
s  law  as  is  not  al- 
rards  and  liveries, 
or  that  part  of  the 
nant  to  the  settle- 
d  to  be  in  as  full 
[he  like  penalties, 
s.  The  9tb,  con- 
ior  to  the  exfend- 
statutes  concern- 
all  other  statutes, 
is  act.  The  12th, 
pies  Il.~cap.  Sth, 
The  rJth,  nothing 
science  or  any  ec- 
t  act,  nor  to  alter 
former  act  of  As- 
rovincj.  It  is  not 
I  took  the  hint  of 
leadings  a  discount 
I  of  2d  George  H. 


also,  by  their  votes  an  extreme  parsimony  in  the  laws 
intended  for  the  forts;  that  but  only  one  hundred 
pounds  was  allowed  for  the  Irondequot  purchase; 
that  the  project  for  settling  the  Highlanders  at  Wood 
Creek  was  disrelished,  though  pressed  upon  them  by 
a  pathetic  petition  from  these  poor  strangers,  for  they 
had  but  five  voices  against  npstponing  the  considera- 
tion of  their  affecting  circ^stances.     He  saw  ano- 
ther, for  reducing  his  own  salary;  and  that  attempts 
were  made  to  lessen  the  petty  allowances  received 
by  t  e  Juages ;  and,  at  last,  they  concurred  in  a  reso- 
lution to  support  the  credit  of  the  paper  emissions  of 
1714  and  1717,  if  their  bill  for  continuing  them  with 
the  excise  did  not  pass  into  a  law ;  upon  which  he 
prorogued  them  for  six  days;  and  sharply  reprehend- 
ed their  inattention  to  the  great  object  of  his  wishes 
After  proposing  the  example  of  the  British  Commons 
lor  their  imitation,  he  adds,  «they  have  ever  been  jeal- 
ous of  the  rights  and  liberties  of  the  people,  yet  have 
always  been  zealous  and  forward  to  support  the  go- 
vernment that  protects  them.     They  give  a  gross  sum 
for  the  support  of  government.     They  don't  touch 
upon  the  application  or  disposition  of  it,  that  being 
the  legal  and  known  prerogative  of  the  Crown ;  and 
the  deficiencies  are  made  good  in  the  like  manner." 
Having  observed  that  he  had  passed  the  mihtia  bill 
before  he  prorogued  them,  they  no  sooner  made  a 
House  again,  on  the  9th  November,  than  they  pro- 
tested against  the  omission  of  the  Council,  who  had 
neglected  to  notify  their  concurrence  in  that  act,  as 
inconsistent  with  the  ancient  practice  of  the  good 
correspondence  of  the  Legislature ;  but  thought  fit 
to  send  up  with  their  favourite  bill  to  continue  the 
paper  money  and  the  excise  duty,  another,  for  the 
erection  and  repair  of  the  forts,  and  a  third  provid- 
ing for  a  revenue.    But  this  last  was  only  for  one  year, 
and  nothing  was  as  yet  done  towards  the  application 
of  the  money  to  be  raised  by  it.    To  win  upon  their 
generosity,  the  sagacious  politician,  as  soon  as  the 
Council  had  passed  the  two  first  bills,  convened  both 
Houses,  and  gave  them  his  assent,  saying,  when  he 


—>-      ■^mJB.jliH 


'■':■    i?"'i 


[Chap.  I 


50 

signed  them  according  to  our  unparhamentary  prac- 

t  fe,*  "  1  Jo  this  us  the  highest  instance  I  can  give  o 

I'y  iare  for  the  credit  and  welfa.^  of  the  co^nyj  a^nl 

of  the  confidence  I  have  ui  your  honor.      Jhe  Coun 

cil  conspired  with  him,  and  immediately  sent  Mr. 

Horlai^den  to  acquaint  them  of  their  ---0^ 

in  the  revenue  bill ;  and  soon  alter  the  House  voea 

a  salary  to  the  Lieutena^Governor  of    hjrteen  hun- 

dred  pounds;  and  by  the  application  bill,  "O^ J>"'y 

paid  off  the  arrears,  but  secured  the  officers  for  the 

Insuins  year.     To  Mr.  Horsmanden,  who  had  been 

crtituted  the  third  Judge  in  1737,  they  allowed 

seveniv-five  pounds  for  his  past  services,  and,  m  lu 

tu  Je,  ?sala,/of  fifty  pounds.    The  session  ended  on 

%::  i.^^nl^r'of  this  day  to  the  emigrants  from 
Scotland,  was  unpardonable.    They  were  objecso^ 
compassion,  and  the  nieasure  of  ^^^^''^  '"S  "^™ 
upon  the  northern  frontier,  as  they  desired  to  be,  was 
recommended    by  every  motive  of  «oi»"d  p^^'^J- 
There  was  no  excuse  for  neglecting  so  fair  an  oppor- 
tunity, not  only  of  forming  a  barrier  against  the  new 
encroachments  of  the  French  at  Crown  Po>nt,but  of 
encouraging  other  useful  adventurers  to  follow  then^ 
fortunes:  to  a  colony  weakened  by  the  removal  ot 
many  in  the  late  troubles.    Colonel  Morris  who  was 
an  active  member  of  the  Assembly  at  that  day   but 
not  present  at  the  rejection  of  amotion  made  by  Mr. 
Livingston  for  a  gift  of  seven  PO"nds  toevery  oneof 
the  seventy  Scotdi  families  imported  by  Capt  Camp- 
bell, informed  the  author,  that  it  was  owing  to  a  dis- 
covery that  the  Lieutenant  Governor  and  Mr.  Colden, 
the  Surveyor  General,  insisted  upon  their  fees  and 


*  There  is  a  clause  in  King  William's  charter  to  the  Massachusetts  Bay . 
..  ;lt'rb^s.tdL.nces  ejections,  or  -t«  of^-™-^  ^^^^^^ 

name  io  the  presence  of  the  Council  and  Assembly. 


g^ibtjj^^'gt 


[Chap.  I. 

entary  prac- 
I  can  give  of 
I  colony,  and 
The  Coun- 
cly  sent  Mr. 
concurrence 
House  voted 
thirteen  hun- 
)i\\,  not  only 
fficers  for  the 
k'lio  had  been 
they  allowed 
iS,  and,  in  fu- 
sion ended  on 

migrants  from 
ere  objects  of 
blishing  them 
red  to  be,  was 
sound  policy, 
fair  an  oppor- 
;ainst  the  new 
n  Point,  but  of 
to  follow  their 
ic  removal  ot 
[orris,  who  was 
I  that  day,  but 
in  made  by  Mr. 
to  every  one  of 
)y  Capt.  Camp- 
owing  to  a  dis- 
ndMr.Colden, 
their  fees  and 


le  Massachusetts  Bay . 
ircrnment  whatsoever, 
ing's  Governor,  signi- 
lenced  here,  in  conse- 
lis  note  at  the  fool  of 
and  order  it  to  be  eii- 
vernor  subscribes  his 


1739.] 


^" 


a  certain  share  of  the  lands ;  and  that  he  could  make 
no  other  apology  for  the  public  neglect  of  those  un- 
fortunate adventurers  than  an  abhorrence  of  being 
duped  by  the  self-interested  motives  of  the  public 
officers.  Had  that  object  been  patronized  by  the 
Legislature,  we  might  have  seen  vast  forests,  between 
the  waters  of  Hudson's  River  and  the  two  northern 
Lakes  on  the  west  and  the  River  Connecticut  on  the 
east,  cultivated  by  a  hardy  and  useful  multitude,  to 
the  great  augmentation  of  the  -  nerce  of  the  co- 
lony, and  then  have  savet'  .  froh>  napting  the  ava- 
rice of  a  aeighbouring  Governor,  wnose  ill  founded 
claims,  representations,  and  intrusions,  have  given 
rise  to  controversies  and  law-suits,  injurious  to  pri- 
vate property,  and  destructive  of  the  public  tran- 
quillity.* 


•  Mr.  Colden,  to  vindicate  Mr.  Clarke  and  to  exculpate  himself,  though 
not  named  in  the  former  representation  of  Campbell's  disappointment,  gave 
^limself  the  trouble  of  two  letters,  totlie  author,  of  tiie  15th  January  and 
17th  February  1759.     He  alleges,  that  the  project  failed  through  tho  po- 
verty and  discord  of  the  Scotch  emigrants ;  that  Campbell's  followers  re- 
fused to  settle  under  him  ;  that  himself  alone  was  unable  to  improve  the 
quantity  he  asked  for;  and  that  the  Assembly  even  disinclined  to  contri- 
bute to  their  relief;  and  that,  from  the  incapacity  of  the  company  to  cora- 
ply  with  the  conditions  of  the  King's  instructions,  he  thinks  the  Executive 
without  blame.     The  author's  object  being  general,  he  declined  entering 
into  any  partial  controversy  respecting  the  criminality  of  individuals.  Let 
it  suffice,  that  the  account  given  was  consistent  with  information  procured 
from  Mr.  Alexander,  whose  intimacy  with  Mr.  Colden  gives  it  force ;  and 
that  Colonel  Livingston,  whose  compassion  excited  him  to  make  the  rao. 
fion,  told  the  author,  on  the  16th  December  1777,  that  it  was  with  design 
to  raise  the  patent  fees,  the  want  of  which  obstructed  the  grant,  and  that 
he  omitted  to  express  it  in  his  motion,  as  the  disinclination  of  the  House  to 
gratify  their,  avarice  would  have  most  certainly  defeated  his  design,  and 
that  he  lost  it  by  a  suspicion  that  the  contribution  was  to  be  so  applied, 
though  asked  as  under  the  cover  of  enabling  them  to  settle  the  lauds  at 
Wood  Creek.     The  Lieutenant  Governor's  speech  had  confirmed  their 
jealousy  ;  there  was  this  clause  in  it—"  The  peopling  of  that  part  of  the 
country  to  the  northward  of  Saratoga  will  be  of  great  advantage  to  the 
province,  as  well  in  strengthening  the  frontier  as  enlarging  your  trade. 
Several  families  arrived  here  last  fall  from  North  Britain,  who  are  willing 
to  settle  there,  and  more  expected  from  thence  this  year ;  but  as  they  are 
poor,  they  will  want  some  help  to  enable  them  to  subsist  their  families  un- 
til, by  their  labour,  they  can  raise  provisions  to  subsist  themselves,  and  I 
am  persuaded  that  you  will  give  them  som^  needful  subsistence."  Captain 
Campbell  himself  also  presented  a  petition  to  excite  the  charity  of  the  As- 
sembly.     Do  these  proofs  accord  with  Mr.  Colden's  suggestion,  that 
Campbell  and  his  colonists  were  so  far  at  variance  as  to  refuse  to  settle 
under  him. 


i 


52  V  [Chap.  I 

The  Spanish  war  commencing  soon  afterwards, 
there  was  a  short  session  in  the  summer  of  1740,  in 
which  the  Assembly  contributed  money  to  accelerate 
the  levies  of  several  hundred  men,  under  Colonel 
Blakeney,  for  an  expedition  against  the  island  of  Cu- 
ba, and  manv  of  Campbell's  followers,  who  were 
starving,  through  his  inability  and  the  public  parsi- 
mony, enlisted  for  that  service,  and  perished  in  the 
expedition  afterwards  directed  against  Carthagena. 

There  was  a  hotter  meeting  in  September,  when 
Mr  Clarke  pressed  them  to  provide  for  further  le- 
vies, towards  the  defence  of  Oswego ;  a  law  to  pre- 
vent desertion  from  the  sea  and  land  forces ;  the  re- 
pair of  the  chapel  of  the  Mohawks,  among  whom  Mr. 
Barclay  had  officiated  with  a  small  salary  from  the 
colony  with  some  prospects  of  success ;  and  the  re- 
venue act  being  expired,  he  renewed  his  request  tor 
the  ancient  support.  ,    .    ,  .       -a    c 

The  Assembly  would  not  add  to  their  late  gitt  ot 
two  thousand  five  hundred  pounds  towards  the  expe- 
dition; thought  the  British  statutes  gave  sufficient 
relief  against  desertions  ;  that  the  Indian  fort,  in  the 
Mohawks'  country,  was  sufficient  for  assembling  all 
the  Christian  converts  of  that  tribe,  and  that,  if  they 
increased,  a  church  ought  to  be  built  by  private  con- 
tributions. They  then  called  upon  the  Council  tor 
a  committee  to  aid  them  in  forming  a  fee  bill,  and 
sent  up  another  to  limit  the  continuance  of  Assem- 

blies. 

The  Governor  took  no  public  notice  of  these  trans- 
actions ;  but  when  they  had  made  provision  for  the 
war,  according  to  the  modern  example,  prorogued 

The  attempt  to  regulate  the  fees  of  officers  failed 
by  the  neglect  of  the  committee  of  the  Assembly  to 
meet  on  the  subject,  but  the  septennial  bill,  passed  by 
the  lower  house,  was  lost  by  the  nonconcurrence  ot 

the  Council.  .,  u  • 

The  Lieutenant  Governor  could  not  avoid  being 
displeased  with  the  dependence  created  by  the  new 
mode  of  a  yearly  revenue,  raised  by  one  act,  and  tUc 


''Mfr' 


afterwards, 
•  of  1740,  ill 

0  accelerate 
(Icr  Colonel 
island  of  Cu- 
,  who  were 
public  parsi- 
rished  ni  the 
larthagena. 
nnber,  when 
»r  further  le- 
\  law  to  pre- 
rces ;  the  re- 
ng  whom  Mr. 
iiry  from  the 
;  and  the  re- 
is  request  for 

ir  late  gift  of 
irds  the  expe- 
;ave  sufficient 
an  fort,  in  the 
ssembling  all 

1  that,  if  they 
y  private  con- 
le  Council  for 
I  fee  bill,  and 
ice  of  Assem- 

of  these  trans- 
)vi8ion  for  the 
lie,  prorogued 

officers  failed 
e  Assembly  to 
bill,  passed  by 
loncurrence  of 

)t  avoid  being 
ted  by  the  new 
ne  act,  and  the 


1741.] 

settlement  and  payment  of  salaries  and  debts  by  an- 
other ;  especially  as,  at  the  last  session,  a  division  had 
been  called  on  the  question,  whether  instead  of  thir- 
teen hundred  pounds  he  should  not  be  stinted  to  se- 
ven hundred  and  eighty  pounds ;  and  for  allowing 
nothuig  to  the  two  puisne  Judges:  and  therefore^ 
when  he  met  them  again  on  the  l.Oth  of  April  1741, 
he  addressed  them  in  a  long  speech,  in  which  he  ap- 
plauds their  felicity,  excites  them  to  gratitude,  and 
charges  them  with  the  wanton  abuse  of  prosperity  in 
demandn.g  a  Treasurer  of  their  own,  and  then  in- 
sisting that  the  revenue  should  pass  into  his  instead 
ot  the  Receiver  General's  hands,  who  had  a  salary 
out  of  the  royal  quit-rents,  observes,  that  to  rid  them- 
selves of  the  check  of  the  Auditor  General,  an  offi- 
cer  established  in  the  reign  of  Charles  2nd,  the  As- 
sembly, after  the  expiration  of  the  revenue  in  1709, 
(which  had  been  before  given  without  any  applica- 
tion,) had  refused  to  support  the  government,  unless 
they  had  the  appointment  of  the  salaries,  nor  would 
provide  for  the  Auditor  General,  who,  from  soon  af- 
ter the  revolution,  had  a  constant  allowance.  «  Thus 
(to  use  his  own  words)  fixing  on  themselves  the  de- 
pendence of  the  officers  for  whom  they  provided  (for 
men  are  naturally  servants  to  those  who  pay  them,) 
they,  in  effect,  subverted  the  constitution,  assuming 
to  themselves  one  undoubted  and  essential  branch  of 
his  Majesty's  prerogative."     He  then  imputes  their 
not  returning  to  a  just  sense  of  their  duty  to  the  late 
disorders,  and  recommpndo  their  re-adopting  the  par- 
liamentary example— "  to  remember,  as  to  this  pro- 
vince, a  jealousy,  which  (says  he)  for  some  years  has 
obtained  in  England,  that  the  plantations  are  not 
without  thoughts  of  throwing  ofT  their  dependence 
on  the  Crown  of  England.     I  hope  and  believe  no 
man  in  this  province  has  any  such  intention.     But 
neither  my  hopes  or  belief  will  have  the  weight  of 
your  actions ;  and  as  you  have  it  in  your  power,  so  it 
18  your  duty  and  true  interest,  to  do  it  effectually,  by 
giving  to  his  Majesty  such  a  revenue  and  in  such  a 
manner  as  will  enable  his  Majesty  to  pay  his  own  of- 


hi 


[(Imp.  f. 


mm : 


ficers  and  servants — wlirrcb)'  Ihey  will  be  reclaimed 
to  their  proper  dependence — and  such  as  the  flou- 
rishing Condition  of  the  province  will  amply  admii ; 
which,  Irom  the  great  increase  of  trade  and  people, 
is  well  known  to  be  vastly  better  than  it  was  above 
forty  years  ago,  and  for  many  years  before  and  after 
such  a  revenue  as  I  speak  of  was  given  by  the  then 
Assemblies ;  at  the  same  time  that  large  sums  of  mo- 
ney were  raised  to  pay  detachments  of  the  militia, 
which  were  sent  to  the  frontiers  for  their  defence  in 
time  of  war." 

After  hinting  his  apprehensions  of  a  war  with 
France,  he  advises  the  erection  of  batteries  for  the 
ordnance  and  stores  lately  supplied  by  the  crown ; 
the  support  of  Oswego,  and  presents  to  secure  the 
Indian  alliance ;  and  adds — "  I  have  done  my  duty 
and  discharged  my  conscience,  in  giving  you  this 
warning:  do  vours,  and  save  your  country  from  ruin. 
At  present,  if  any  part  of  the  province  should  be  in- 
vaded, and  mor)ey  absolutely  necessary  for  any  ser- 
vice be  required,  even  in  such  an  exigency  I  cannot, 
either  with  or  without  the  advice  of  the  Council,  draw 
for  a  penny,  a  circumstance  well  worth  your  consi- 
deration." 

He  then  proposed  a  more  efficacious  militia  act ; 
the  appointment  of  an  agent  in  England ;  the  erec- 
tion of  new  buildings  in  the  room  of  those  lately 
burnt  in  the  Fort ;  and  a  night  watch,  upon  the  sus- 
picion of  a  conspiracy  among  the  slaves. 

A  diversion  of  men's  minds  from  their  usual  objects 
of  attention  to  the  negro  plot,  the  Governor's  losses 
in  the  late  conflagration,  and  the  fresh  instance  of  the 
bounty  of  the  crown,  seemed  to  favor  Mr.  Clarke's 
exertions  at  this  juncture,  for  converting  the  Assem- 
bly to  their  ancient  confidence  in  the  Executive. 

It  was  at  his  instance  the  cannon  and  stores  were 
increased  :  there  had  been  no  warlike  supplies  to  the 
colony  s.nce  the  year  1708.  Those  now  sent,  were 
valued  at  six  thousand  seven  hundred  and  seventy- 
three  pounds,  fijfleen  shillings  and  eight-pence  ster- 
ling.   Their  iron  ordnance  consisted  of  ninety-six 


[(hap.  I. 

)e  reclnlmcil 

an  the  flou- 

inply  admit; 

and  people, 

it  was  above 

ore  and  after 

by  the  then 

sums  of  mo- 

I"  the  militia, 

lir  defence  in 

a  war  with 
teries  for  the 
y  the  crown ; 
to  secure  the 
lone  my  duty 
ving  you  this 
itry  from  ruin, 
should  be  in- 
■y  for  any  ser- 
3ncy  I  cannot. 
Council,  draw 
th  your  consi- 

us  militia  act ; 
md ;  the  erec- 
f  those  lately 

upon  the  sus- 
es. 

r  usual  objects 
vernor's  losses 
instance  of  the 
,r  Mr.  Clarke's 
ing  the  Assem- 
Executive. 
nd  stores  were 

supplies  to  the 
low  sent,  were 
J  and  seventy- 
^ht-pence  ster- 
i  of  ninety-six 


1711.] 


df 


guns,  liflccn  of  which  were  32-ponnders,  twcnly-four 
l8-pounders,and  twenty  12.pounder8;  the  rest  were 
of  various  inferior  sizes. 

The  Assembly  could  not  avoid  an  argumentative 
address,  for  they  were  determined  not  to  cede  the 
advantages  they  had  gained  in  the  late  patriotic 
struggles.  "^ 

They  confess  their  gratitude  to  the  crown  for  many 
favors,  but  balance  the  account  by  their  ample  and 
cheeriul  supports  to  it ;  admit  the  confidence  of  their 
ancestors  lu  the  officers  of  government,  but  assert, 
that  It  was  forfeited  by  misapplications  of  the  reve- 
nue, and  that  Queen  Anne,  on  that  account,  consent- 
ed to  their  having  a  Treasurer  of  their  own.  They 
appeal  to  his  own  knowledge,  that  the  squandering 
ot  the  public  money  gave  rise  to  the  two  long  bill? 
lor  discharging  the  debts  of  the  colony,  and  that  the 
excise  on  strong  liquors  was  a  fund  applied  to,  and 
winch  still  stood  mortgaged  for,  that  purpose. 

Ihcy  observe,  that  formerly  the  crown  rents,  and 
the  casual  revenue  by  forfeitures,  contributed  to  the 
support  of  government,  though  this  was  now  discon- 
tinued.  Ihey  boast  of  contributing  beyond  their 
neighbours ;  that  they  provide  fuel  and  lights  for  the 
troops  posted  here,  and  presents  to  the  Indians;  al- 
lege  that  they  have  erected  a  large  battery  in  the 
capitol,  and  others  elsewhere,  and  victualled  five 
hundred  volunteers  for  an  expedition  to  the  West 
Indies. 

They  deny  that  wantonness  of  prosperity  or  the 
late  division  had  any  influence  upon  the  modern 
scheme  of  ammal  supplies,  or  that  any  of  the  officers 
chin  e*''^'^"  oi"  public  creditors  have  suffered  by  the 

They  avail  themselves  of  his  consent,  and  that  of 
other  Governors,  to  bills  making  particular  applica- 
tions  of  public  money,  and  intimate  that  the  Lords  of 
1  rade  think  the  practice  reasonable. 

To  the  insinuation  of  a  suspicion  of  a  thirst  in  Amr- 
nca  to  independency,  they  "vouch  that  not  a  sin.rle 
person  in  the  colony  has  any  sucli  thoughts  or  desire  • 


"  ■i<ji**iB-i[i»i 


-r-m 


D6 


[Chap.  I. 


(or  (as  they  add)  under  ^vhat  government  can  \vc  be 
better  protected,  or  our  liberties  and  properties  so 
well  secured  ?"' 

They  then  declare  their  disinclination  to  pass  any 
bill  for  supporting  the  government,  till  the  present 
one  is  nearly  expired,  nor  then,  unless  according  to 
the  late  model.  They  promise  an  attention  to  what 
he  recommended  respecting  the  forts,  Oswego,  and 
the  militia;  agree  that  ati  agent  may  be  useful,  if  he 
is  made  totally  dependent  upon  the  Assembly.  After 
lamenting  the  conflagration  of  tiie  Fort  buildings, 
they  give  oblique  insinuations  that  no  provision  will 
be  made  for  the  future  residence  of  Governors  within 
the  walls  of  the  Fort ;  and  after  confessing  the  King's 
favor  \k  the  late  gift,  they  ungraciously  reflect  upon 
the  omission  of  powder,  and  indulge  a  degree  of  ridi- 
cule on  the  utility  of  such  an  ample  supply  of  ord- 
nance without  it. 

Mr.  Clarke  did  not  forget  to  mention  in  his  answer, 
that  Queen  Anne's  consent  to  their  appointment  of  a 
Treasurer,  respected  not  the  ordinary  revenue,  but 
sums  raised  for  extraordinary  uses  ;*  and  he  promised 
that  justice  should  be  done  for  any  misapplication  of 
the  public  money  they  could  point  out ;  adding,  that 
though  Mr.  Horatio  Walpole,  the  Auditor  General, 
had  a  salary,  yet  fees  were  due  to  him  for  auditing 
the  accounts  of  the  revenue,  which  in  other  provinces 
were  usually  paid  out  of  the  money  accounted  for,  as 
they  had  formerly  been  here;  and  that  he  saw  no 


.'■^m 


*  There  is  a  clause  in  tlie  correspoodence  with  the  agent,  which  may  give 
some  information  to  the  reader.  The  letter  from  the  speaker,  of  the  1 1  lii 
November,  1751,  was  in  these  words :  "  I  have  examined  into  the  affair 
of  our  Treasurer's  appointment,  and  find  it  to  be  thus : — In  the  infancy  of 
this  colony,  all  public  monies  were  made  payable  to  his  Majesty's  Receiver 
General,  but  were  so  greatly  mismanagfed  and  misapplied  in  the  years  1 702 
and  1705,  during  the  government  of  Lord  Cornbury,  afterwards  Earl  of 
ClareodoD,  that  the  Assembly  attempted  to  put  the  money  raised  by  them, 
into  the  hands  of  a  person  named  by  them  in  the  act  by  which  the  money 
was  raised.  The  then  Governor  would  not  assent  to  that  bill,  until  he  had 
acquainted  ber  Majesty,  the  late  Queen  Anne,  with  the  matter.  Her  Ma- 
jesty was  thereupon  graciously  pleased  to  direct  the  said  Governor  (as  he 
himself  icquainted  the  Assembly,  in  his  speech  of  tlic  S7th  September, 
1706,)  to  permit  the  General  Assembly  to  appoint  their  own  Treasurer, 


[Chap.  I. 

t  can  wc  be 
roperties  so 

to  pass  any 
the  present 
iccoiding  to 
tion  to  what 
Oswego,  and 
useful,  if  he 
robly.    After 
,rt  builtVuigs, 
jrovision  will 
ernors  within 
ing  the  King's 
^  reflect  upon 
legree  of  ridi- 
upply  of  ord- 

in  his  answer, 
pointment  of  a 
r  revenue,  but 
d  he  promised 
^application  of 
;  adding,  that 
ditor  General, 
,m  for  auditing 
ther  provinces 
counted  for,  as 
liat  he  saw  no 


1741.1 


tS$t 


reason  why  it  should  not  be  so  in  future.  Only  two 
nets  passed  at  this  meeting,  which  continued  to  the 
1  Jth  June ;  one,  putting  the  fortifications  in  a  respec- 
table condition,  and  another  for  a  military  watch. 

The  winter  which  ushered  in  this  year,  (ever  since 
called  the  hard  winter,)  was  distinguished  by  the 
sharpest  frost,  and  the  greatest  quantity  of  snow, 
withui  the  memory  of  the  oldest  inhabitant.  The 
weather  was  intensely  severe  from  the  middle  of  No- 
vember to  the  latter  end  of  March.  The  snow,  by 
repeated  falls,  was  at  length  six  feet  above  the  sur- 
face of  the  earth ;  and  the  Hudson  river  passable 
upon  the  ice,  as  low  as  the  capital,  within  thirty  miles 
from  the  open  sea :  cattle  of  all  sorts  perished  by  the 
want  of  fodder;  and  the  deer  of  the  forests  were 
cither  starved  or  taken,  being  unable  to  browse  or 
escape  through  thc^epth  of  the  snow.  The  poor, 
both  in  town  and  country,  were  distressed  for  food  and 
fuel ;  and  by  the  scarcity  of  these  articles,  the  prices 
of  almost  every  thing  else  was  raised,  and  though 
since  reduced,  yet  never  so  low  as  in  the  preceding 
year.  When  the  frost  relaxed,  there  was  a  continu- 
ation of  the  flight  of  wild  pigeons  from  the  southward, 
in  greater  flocks  than  was  ever  before  known;  and  what 
was  still  more  singular,  in  the  month  of  March,  five 
or  six  weeks  earlier  than  in  more  temperate  seasons. 
These  birds  nestle  in  the  northerly  woods  of  the  con- 
tinent, and  retire  towards  autumn  to  the  southerly 
provindls.    Their  flesh  is  admired  here,  and  being 


f 


tfent,  which  may  give 
rspeakcr,  of  the  lltu 
Lroined  into  the  affair 
Is  — In  the  infancy  ol 
lis  Majesty's  Receiver 
[lied  in  the  years  1705- 
ly    afterwards  Earl  of 
Voney  raised  by  them, 
i  by  which  the  money 
fthat  bill,  until  he  had 
Ihe  matter.    Her  Ma- 
,  said  Governor  (as  he 
,  the  27th  September, 
their  own  Treasurer, 


/•r  extraordinary  utei,  and  tehich  were  no  part  of  her  Majeatt/'a  ttanding 
revenue.  And  by  her  Majesty's  standings  revenue,  it  seems  was  then  un- 
derstood the  qnit-rents  reserred  on  lands  granted  by  the  crown,  forfeitures, 
seixures,  tus.,  which  were  then  all  applied  towards  supporting  the  govern- 
ment in  this  Gobny ;  tor  ever  since  that  time,  all  monies  raised  by  the  As- 
sembly have  been  put  into  the  hands  of  their  own  Treasurer,  and  the  quit- 
rents,  te.  been  paid  to  his  Majesty's  Receiver  General,  and  have  since 
been  taken  from  their  former  application,  and  appropriated  by  the  cm^yn 
to  other  uses.  The  first  Treasurer  I  find  was  appointed  by  act  in  the  jrear 
1706 :  the  second,  who  n  now  Treasurer,  was  appointed  only  by  '  vote  of 
the  House,  and  approved  of  by  Mr.  Bnmet,  then  Governor  of  iUu  colony ; 
and  I  do  not  find  that  the  Assembly^  right  to  appoint  such  an  officer,  has 
been  disputed  by  any  Grovemor  of  this  colony  since  the  first  allowance 
thereof  by  the  late  Qaeen  Anne."— (Vide  History  o/  JVcio-Forifc,  p.  139.) 

8 


58 


[Chap.  1. 


taken  in  nets  in  such  plenty,  greatly  contribute  to  tho 
relief  of  the  poor.  While  nestling,  the  males  and  fe- 
males resort  alternately  to  the  salt  meadows  for  food, 
and  by  turns  brooJ  over  the  eggs.  The  two  sexes 
at  this  season  are  never  taken  together,  though  the 
flocks  are  innumerable,  and  sometimes  miles  in  length. 
It  is  often  asserted,  and  generally  believed,  that  undi- 
gested rice  has  been  found  in  their  .crops ;  and  be- 
cause the  pigeon  is  a  bird  of  very  swift  wing,  it  is 
conjectured  that  they  bring  this  food  from  the  Caro- 
linas;  and  yet  there  certainly  in  the  spring  is  no 
standing  ripe  rice  in  the  fields. 

The  conflagration  of  the  chapel  and  buildings  in 
the  Fort,  on  Wednesday  the  18th  of  March,  WhS  at 
first  imputed  to  accidenf,  or  the  carelessness  of  an 
artificer  employed  in  soldering  one  of  the  gutters  of 
the  main  edifice,  the  residenqn  of  our  Governors. 
The  roof,  which  was  of  shingles,  had  taken  fire  with- 
out observation,  and  the  wind  blew  fresh  from  the 
south-east.  The  usual  alertness  of  the  inhabitants  was 
^checked  by  their  dread  of  the  explosion  of  the  ma- 
gazine, and  the  flames  soon  communicated  to  the 
chapel;  the  barracks,  and  the  Secretary's  office 
erected  over  the  Fort  gate,  were  utterly  consumed. 
•  Mr.  Van  Home,  a  militia  officer,  who  indulged  a 
blind  credulity  that  the  fire  Avas  premeditated  by  the 
negroes,  and  who,  for  beating  to  arms,  and  putting  up 
a  night  watch,  was  nicknamed  Major  Dmnu  propa- 
gated his  own  fears  to  others,  and  in  a  few  d^s  after- 
wards the  consternation  was  universal.  A  second  fire 
broke  out  on  the  2.0th,  a  third  on  the  1st  of  April,  and 
two  on  the  4th.  Coals  disposed  for  burning  a  hay- 
stack, were  discovered  on  the -5th,  and  the  day  after, 
two  other  houses  took  fire ;  and  while  the  magistrates 
were  convened  for  enquiring  into  suspicious  words 
dropped  by  certain  slaves,  another  house  was  in 
flames,  and  before  that  was  extinguished,  a  blaze 
appeured  from  another  building,  and  a  negro  was  dis- 
covered flying  over  fences  from  the  spot. 

No  man  now  doubted  of  the  reality  of  a  plot,  but 
for  what  end  was  only  conjecture.  That  a  few  slaves 


[Chap.  I. 

jontiibutc  to  the 
le  males  and  fe- 
eadows  for  food, 
The  two  sexes 
ther,  though  the 
IS  miles  in  length, 
licved,  that  uudi- 
.crops;  and  be- 
swift  wing,  it  is 
i  from  the  Caro- 
the  spring  is  no 

and  buildings  in 
>f  March,  WhS  at 
arelessness  of  an 
of  the  gutters  of 
f  our  Governors, 
d  taken  fire  with- 
w  fresh  from  the 
le  inhabitants  was 
)losion  of  the  ma- 
municated  to  the 
Secretary's  office 
iterly  consumed, 
r,  who  indulged  a 
emeditated  by  the 
ms,  and  putting  up 
'ajor  Drum,  propa- 
in  a  few  days  after- 
rsal.   A  second  fire 
he  1st  of  April,  and 
for  burning  a  hay- 
,  and  the  day  after, 
lile  the  magistrates 
o  suspicious  words 
ther  house  was  in 
inguished,  a  blaze 
ind  a  negro  was  dis- 
he  spot. 

jality  of  a  plot,  but 
«.  That  a  few  slaves 


1741.] 


59 


would  hope  to  effect  a  massacre  of  their  masters,  or 
thus  vindicate  their  liberties,  was  the  height  of  absur- 
dity :  but  the  fears  of  the  multitude  led  them  to  pre- 
sume nothing  else;  and  perhaps  that  extravagance 
then  gave  birth  to  the  proofs  by  which  it  was  after- 
wards supposed  to  be  incontestably  confirmed. 

When  Mr.  Clarke  spoke  to  his  Assembly,  on  the 
15th  of  April  he  ascribed  the  destruction  at  the  Fort 
to  accident,  n  mending  a  i-ntter,  and  the  rest  of  the 
fires  to  design.  But  no  discovery  was  made,  till  the 
Grand  Jury  of  the  Supreme  Court  found  a  clue  by  the 
examination  of  a  girl  of  the  name  of  Mary  Burton, 
who  was  a  bought  servant  to  John  Hughson,  a  shoe- 
maker, and  keeper  of  a  low  tavern  in  the  west  quar- 
ter of  the  town. 

There  had  been  a  burglary  committed  in  the  house 
of  Robert  Hogg,  on  the  28th  of  February.  The  goods 
stolen  were  brought  to  Hughson's,  and,  as  the  girl 
said,  by  Wilson,  a  lad  belonging  to  the  Flamborough 
ship  of  war,  and  three  negroes.  They  were  received 
by  another  maid-servant  of  the  house,  who,  with  two 
of  the  negroes,  were  committed  upon  the  accusation 
of  Mary  Burton.    The  inquest  pressed  hard  upon  the 
witness  concerning  the  transactions  at  that  house,  it 
being  known  that  it  was  often  frequented  by  negroes, 
who  were  served  there  with  liquor.     She  confessed, 
after  much  importunity,  that  certain  slaves  caballed 
there  in  private,  and  had  formed  a  conspiracy  to  set 
the  town  on  fire ;  but  denied  that  any  white  person 
was  present  at  either  of  the  consultations  for  that  pur- 
pose, except  herself,  Hughson,  his  wife,  and  the  other 
maid.     From  this  testimony,  which  varied  upon  far- 
ther examinations,  the  jails  were  crowded  with  the 
accused,  amounting  to  twenty-one  whites,  and  above 
one  hundred  and  sixty  slaves. 

The  whole  summer  was  spent  in  the  prosecutions ; 
every  new  trial  led  to  further  accusations :  a  coinci- 
dence of  slight  circumstances,  was  magnified  by  the 
general  terror  into  violent  presumptions ;  tales  col- 
lected without  doors,  mingling  with  the  proofs  given 
at  the  bar,  poisoned  the  minds  of  the  jurors ;  and  the 


-t^mwiwwiwigj 


6id 


[Chap.  1. 


mi 


!r*J 


sanguinary  spirit  of  the  day  suffered  no  check  till 
Mary,  the  capital  informer,  bewildered  by  frequent 
examinations  and  suggestions,  lost  her  first  impres- 
sions, and  began  to  touch  characters,  which  malice 
itself  did  not  dare  to  suspect.  But  before  this,  thir- 
teen blacks  were  burnt  at  the  stake,  eighteen  hanged, 
and  seventy  transported  upon  conditional  pardons. 
Hughson,  his  wife,  and  the  maid,  with  one  Ury,  died 
at  the  gallows,  and  Hughson  and  a  negro  were  gib- 
beted. 

Ury  was  capitally  accused,  not  only  as  a  conspira- 
tor, but  for  officiating  as  a  Popish  priest,  upon  an  old 
law  of  the  colony,  passed  at  the  instance  of  the  Earl 
of  Bellamont,  to  drive  the  French  missionaries  out  of 
the  territories  of  our  Indian  allies ;  and  he  was  con- 
victed on  both  indictments.  A  letter  from  General 
Oglethorpe,  the  visionary  Lycurgus  of  Georgia,  to 
Mr.  Clarke,  of  I6th  of  May,  gave  weight  to  the  sus- 
picions against  this  wretch.  After  the  discovery  that 
some  Spanish  Catholic  slaves,  taken  in  certain  late 
prizes,  were  accomplices  in  the  plot,  the  letter  con- 
tained the  following  passage : — ^^  Some  intelligence  I 
bad  of  a  villanous  design  of  a  very  extraordinary  na- 
ture, and  it  was  very  important ;  viz.  that  the  Spa- 
niards had  employed  emissaries  to  burn  all  the  ma- 
gazines and  considerable  towns  in  the  English  North 
America,  thereby  to  prevent  the  subsisting  of  the 
great  expedition  and  fleet  in  the  West  Indies ;  and 
that  for  this  purpose  many  priests  were  employed, 
who  pretended  to  be  physicians,  dancing  masters, 
and  other  such  kinds  of  occupations,  and  under  that 

{)retence  to  get  admittance  and  confidence  in  fami- 
ies.'^  Mr.  Smith  assisted,  at  the  request  of  the  go- 
vernment, on  the  trial  against  Ury,  who  asserted  his 
innocence  to  the  last ;  and  when  the  ferments  of  that 
hour  ha<1  subsided,  and  an  opinion  prevailed  that  the 
conspiracy  extended  no  further  than  to  create  alarms, 
for  committing  theAs  with  more  ease,  the  fate  of  this 
man  was  lamented  by  some  and  regretted  by  many, 
and  the  proceedings  against  him  generally  condemn- 
ed ae  harsh,  if  not  cruel  and  unjust.    There  was  nu 


[Chap.  1. 

)  check  till 
by  frequent 
Sret  impres- 
hich  malice 
re  this,  thir- 
teen hanged, 
nal  jpardonB. 
le  Ury,  died 
rro  were  gib- 

8  a  conBpira- 
,  upon  an  old 
le  of  the  Earl 
jnaries  out  of 
I  he  was  con- 
from  General 
f  Georgia,  to 
rht  to  the  sus- 
iiscovery  that 
n  certain  late 
the  letter  con- 
intelligence  1 
raordinary  na- 
that  the  Spa- 
rn  all  the  ma- 
English  North 
tsisting  of  the 
st  Indies ;  and 
ere  employed, 
ncing  masters, 
and  under  that 
idence  in  fami- 
uest  of  the  go- 
ho  asserted  h>s 
erments  of  that 
-vailed  that  the 
>  cveate  alarms, 
the  fate  of  this 
•etted  by  many. 
Tally  condemn- 
There  was  no 


1741.] 


61 


resisting  the  torrent  of  jealousy,  when  every  man 
thought  himself  in  danger  from  a  foe  in  bis  own  house. 
The  mfection  seized  the  whole  Legislature,  who  were 
convened  when  these  tragedies  were  acting  in  the 
court  and  the  fields.  The  Grand  Jurors  presented  a 
petition  for  severer  laws  against  these  unfortunate 
Africans ;  and  they  had  thtf  thanks  of  the  House  for 
their  zeal  and  vigor  in  the  detection  of  a  conspiracy 
to  burn  the  town  and  murder  the  inhabitants,  encou- 
raged by  their  opportunities  for  assembling  at  taverns, 
and  at  the  common  reservoir  of  tea-water  in  the  sub- 
urbs, and  their  indulgences  on  Sundays  for  sport 
and  recreation. 

The  old  laws  were  thought  not  sufficiently  severe ; 
and  yet  this  enslaved  part  of  our  species  were  under 
regulations  demonstrative  of  the  dangerous  spirit  of 
petty  Legislatures,  even  under  all  the  sunshine  of  the 
benevolent  and  merciful  doctrine  of  Christianity. 

Their  children  were  made  slaves,  if  such  was  the 
condition  of  the  mother  by  a  law  in  1706,  which  con- 
tained no  provision  in  their  favor,  even  when  they 
were  the  offspring  of  a  lawful  marriage ;  so  that  it  re- 
mained a  question  whether  the  father^s  slavery  did 
not  subject  the  legitimate  issue  of  a  free  woman  to 
servitude.  They  were  witnesses  in  no  case  against 
a  free  man ;  and  by  the  act  of  1730,  they  were  inca- 
pable of  any  contract,  or  the  purchase  of  the  minutest 
article  necessary  or  convenient  to  the  comfort  of  life. 
The  power  of  the  master  in  correcting  them  was  dis- 
punishable in  all  cases,  not  extending  to  life  or  limb. 
They  were  exposed  to  forty  lashes  by  the  decree  of 
a  single  magistrate,  as  often  as  three  of  them  were 
found  together,  or  any  one  walking  with  a  club  out  of 
his  master's  ground  without  leave ;  and  two  Justices 
might  inflict  any  punishment  short  of  death  and  am-^ 
putation  for  a  blow,  or  the  smallest  assault  upon  any 
Christian  or  Jew.  Nay,  their  masters  are  punish- 
able for  pardoning  or  compounding  for  their  faults, 
and  all  others  for  harboring  or  entertaining  them, 
who,  when  suspected,  are  made  subject  to  an  oath 
af  purgation.  Every  manumission  of  a  slave  is  invalid, 


62 


[Chap,  r. 


llil 
1 


without  security  in  two  hundred  pounds  to  indem- 
nify the  parish.  They  are  subjected  to  the  summary 
trial  of  but  three  Justicts  and  five  freeholders,  with- 
out a  challenge,  even  on  accusations  touching  life ; 
and  in  the  case  of  a  negro,  every  homicide,  conspi- 
racy, or  attempt  to  kill  a  freeman,  unless  in  the  exe  ^ 
cution  of  justice,  or  by  misadvantage ;  a  rape,  or  an 
attempt  to  commit  one;  the  wilful  burning  of  a 
dwelling-house,  barn,  stable,  out-house,  stacks  of 
corn  or  hay,  nay,  or  may  hem,  if  wilful,  exposes  to 
the  punishment  of  death. 

Ought  not  humanity  to  revolt  at  these  sanguinary 
institutions  ?  I  shohld  be  chargeable  with  partiality 
if  I  did  not  add,  that,  like  other  immoderate  laws  ei- 
ther neglected  or  working  their  own  remedy,  they  are 
seldom  executed  ;  negroes,  when  capitally  impeach- 
ed, being  often  tried  in  the  ordinary  course  of  justice, 
and  admitted  to  the  rights  and  privileges  of  free  sub- 
jects under  like  accusations. 

Mr.  Clarke  brought  his  Assembly  together  again, 
and  spoke  to  them,  on  the  17th  September.  General 
Wentworth  having  called  for  fresh  recruits  to  the 
army  in  the  West  Indies,  the  Lieutenant  Governor 
asked  their  aid  for  victualling  them,  and  the  repara- 
tion of  the  ruins  in  the  fort.  He  renewed  his  demand 
for  a  generous  and  durable  revenue,  as  what  the  King 
expected,  and  the  expected  Governor  would  insist 
upon,  and  what  he  thought  it  their  interest,  as  well 
as  duty,  to  grant ;  concluding  with  the  remark,  that 
as  this  would  be  his  last  speech,  thcbc  instances  could 
flow  from  no  selfish  motives,  which  weak  minds  might 
ascribe  to  them. 

The  members  firmly  attached  to  the  new  and  po- 
pular mode,  soon  after  presented  him  with  a  long, 
harsh,  ill-penned  address,  expressing  great  exultation 
on  the  prospect  of  Mr.  Clinton's  arrival,  and  their 
hope  that  he  would  bring  with  him  the  expected  mi- 
litary stores,  with  presents  for  the  Indians.  They  in- 
timate, that  the  quit-rent  fund  ought  to  contribute  to 
the  erection  of  a  new  house  for  the  Governor ;  testify 
their  disinclination  to  give  money  for  the  levies,  till 


[Chap.  I. 

8  to  ind  em- 
he  summary 
ilders,  with- 
uching  life ; 
ide,  conspi- 
8  in  the  exe 
I  rape,  or  an 
iirning  of  a 
B,  stacks  of 
1,  exposes  to 

e  sanguinary 
ith  partiality 
;rate  laws  ei- 
edy,  they  are 
illy  impeach- 
rse  of  justice, 
;s  of  free  sub- 

(gether  again, 
kber.  General 
jcruits  to  the 
ant  Governor 
id  the  repara- 
•d  his  demand 
what  the  King 
r  would  insist 
terest,  as  well 
>  remark,  that 
istances  could 
ik  minds  might 

e  new  and  po- 
tt with  a  long, 
reat  exultation 
ival,  and  their 
e  expected  mi- 
ians.  Theyin- 
o  contribute  to 
vernor;  testify 
r  the  levies,  till 


n<ii.]  ^  I| 

they  are  actually  raised ;  reler  him  to  Iheir  former 
address  for  an  answer  to  his  last  speech,  on  the  sub- 
ject of  the  revenue  ;  adding  now,  as  a  reply  to  what 
dropped  from  him  in  words  after  it  was  delivered, 
that  the  revenue,  properly  cor<sidered,  was  a  term 
only  applicable  to  the  quit-rents  and  other  dues  to 
the  crown,  and  that  these  then  did,  and  aUays  had, 
passed  to  the  hands  of  the  Receiver  General,  and 
that  since  they  had  ceased  to  be  applied  to  the  sup- 
port of  government,  the  Assemhlv  had  not  demanded 
any  accounts  of  their  amount.  Then,  to  prove  an  as- 
sertion ni  their  former  address,  they  observed,  that 
though  a  thousand  pounds  were  given  at  the  beginninff 
of  the  last  French  war,  for  building  batteries  at  the 
JNarrows,  not  a  single  stone  was  ever  laid  out  towards 
that  work;  whereas  the  late  erection  of  forts  showed 
the  propriety  of  giving  the  trust  to  commissioners  of 
their  own  appomtmg.    They  remind  him  that,  under 
the  old  form,  the  public  creditors  were  sometimes 
obliged  to  sell  their  warrants  at  a  discount,  through 
the  delay  of  payment,  of  which  there  had  been  no  in- 
stance under  the  modern  regulations.     Towards  the 
close,  they  assert  their  right  to  apply  what  tliey  raise, 
and  obliquely  hint  that  he  is  of  the  same  opinion,  but 
indirectly  influenced  by  the  Auditor  General :  and  to 
the  Governors  general  remark,  that  other  colonies 
paid  fees  to  Mr.  Walpole,  they  oppose  his  own  letter 
to  Mr.  Belcher,  the  late  Governor  of  Massachusetts, 
asserting  that  he  had  received  nothing  from  New 
England   and   thence,   because  Massachusetts  is  a 
considerable  colony,  they  conclude  (and  certainly 
secundum  artem)  that  he  has  not  received  any  allor  , 
ances  from  the  other  of  our  neighboring  colonies. 

Mr.  Clarke  indulged  his  resentment  in  an  unusual 
manner,  for  when  the  speaker  had  read  the  address, 
he  gave  them  no  other  answer  than  a  bow,  on  which 
they  retired,  not  without  some  disappointment;  and 
te  afterwards  communicated  several  matters,  by  an 
irregular  method  he  had  before  practised,  in  a  letter 
to  their  speaker,  instead  of  a  message  to  the  House 


'W 


64  '  [Chap.  I. 

After  the  two  obnoxious  bills  lor  continuing  and 
applying  the  revenue  for  a  year,  were  brought  in, 
Mr  David  Jones  carried  a  resolve  by  fourteen  votes 
against  eleven,  for  postponing  them  till  others  more 
beneficial  for  the  inhabitants  in  gene -al  were  passed 
into  laws.  Mr.  Clarke,  upon  sight  of  their  entry, 
prorogued  them  for  two  days.  When  they  met,  they 
instantly  introduced  the  lost  bills;  but  soon  after, 
voted  one  thousand  five  hundred  and  sixty  pounds  to 
the  expected  Governor,  for  a  year  from  the  day  his 
commission  should  be  published  here;  continued  ail 
the  old  allowances;  voting  at  the  same  time  hity 
pounds  to  the  Lieutenant  Governor,  to  reimburse 

him  for  house-rent.  ...      .  .  i    *»,««, 

As  soon  as  the  support  bill,  with  several  others, 
had  reached  the  Council  and  obtained  their  concur- 
rence, Mr.  Clarke  sent  for  the  House,  and  gave  ♦hem 
the  efficacy  of  laws.  j  x    u    „„ 

When  the  application  bill  was  ordered  to  be  en- 
grossed, Mr.  Jones  renewed  his  late  motion,  but  the 
House  was  not  disposed  to  countenance  hisboldness ; 
and  the  Lieutenant  Governor,  on  the  27th  November, 
passed  it,  with  several  others,  and  the  House  was  ad- 
iourned  till  the  month  of  March. 

One  of  the  most  important  acts  of  this  session,  was 
that  for  introducing  the  English  practice  of  balloting 
for  jurors.  Mr.  Clarke  had  formerly  recoinmended 
it,  and  for  that  reason  it  was  not  forwarded  till  now. 
It  had  been  passed  by  the  Council,  but  Mr.  Jones 
brought  the  draft,  that  it  might  originate  in  the  Lower 
House ;  and  when  it  was  committed,  Pfoposed  to 
oblige  the  Quakers  of  Queens  county,  which  he  then 
represented,  to  serve  as  jurymen ;  but  he  could  pre- 
vail upon  none  but  his  colleague  Mr  Cornet,  and 
another  member,  to  join  in  his  motion. 


*  Tbc  honor  of  penning  this  useful  law.  wh.cb  m  the  •n«°  .8  a  compound 
of  two  modern  statutes,  was  claimed  both  by  Mr.  DeUncey  and  Mr.  How- 
manden;  and  as  the  text,  by  an  incautious  composition,  &^ye  &r?«"l  "'^ 
"e  iuno'vation  of  balloting  jurors  in  criminal  '^.^^""atvL K; 
sistcd  upon  that  construction,  and  discovered  all  that  »«  «»/ >»'*«  ^^'"^^^ 
for  resisting  and  refuting  a  doctrine  not  so  favorable  as  Ibe  old  law  to  the 


X  M 


■•5W 


[Chap.  I. 

itinuing  and 
brought  in, 
urteen  votes 
others  more 
were  passed 
their  entry, 
ey  met,  they 
t  soon  after, 
;ty  pounds  to 
I  the  day  his 
continued  all 
le  time  fifty 
Lo  reimburse 

veral  others, 
their  concur- 
id  gave  ♦hem 

red  to  be  cn- 
>tion,  but  the 
his  boldness; 
th  November, 
louse  was  ad- 

s  session,  was 
;e  of  balloting 
recommended 
rded  till  now. 
but  Mr.  Jones 
}  in  the  Lower 
,  proposed  to 
which  he  then 
he  could  pre- 
•.  Cornet,  and 


main  is  a  compound 
incey  and  Mr.  Hors- 
ion,  gave  ground  for 
lOt  capital,  I  have  in- 
inxiety  in  the  former 
as  tbe  old  law  to  the 


1741.] 

This  gentleman  came  into  public  service  with  the 
patriots  of  the  new  Assembly,  in  17.17,  and  the  favor- 
able opinion  of  his  constituents,  by  his  firm  adherence 
to  the  project  of  an  annual  support.  He  was  there- 
fore returned  again  in  1739,  and  then  became  ac 
quainted  with  Mr.  Clarkson,  who  was  chosen  one  of 
the  city  members ;  and  these  two,  with  Colonel  Mor- 
ns the  younger,  who  was  a  little  in  the  sha<[le  for  his 
compliances  to  Mr.  Clarke,  were  the  IcadiW  mem- 
bers ol  the  House.  \ 

The  Lieutenant  Governor  trusting  to  his  own  abili- 
^'rr^?"*i.^^  the  first  dissolution  had  piqued  the  pride 
ot  Chiet  Justice  Delancey,  who,  discerning  ''  e  ad- 
vantages of  popularity,  not  only  for  the  better  secur- 
ing his  salary,  fgr  which  he  now  became  dependent 
upon  the  Assembly,  but  to  be  revenged  upon  the 
Lieutenant  Governor,  and  gain  an  influence  upon  his 
successors,  and  with  a  view  perhaps  to  the  succession 
itselt,  studied  to  recommend  himself  to  the  House 
and  now,  by  the  intervention  of  Mr.  Clarkson,  began 
an  intimacy  with  Mr.  Jones,  of  which  he  made  a  good 
use,  and  it  continued  to  the  end  of  his  life. 

In  the  two  late  sessions,  therefore,  Mr.  Clarke  had 
iitlle  or  no  assistance  from  his  Council,  where  Delan- 
cey  kept  the  majority  cool,  himself  privately  abettiiiff 
the  opposition  ofthe  Lower  House.  ^ 


prerogative,  as  in  my  opmion  would  add  credit  to  his  pretensions  But  Mr 
Horsraanden's  claims  never  extended  higher  than  to  a  copartnrMb^  i„Vh- 
work.     This  note  would  be  of  „„  consequence,  ifthiaTac  ,o„fwere  Jot 

rtT.r  ^  ''^^'^^'rf'":,'  »'•«  f^^*^'^''  «*P'«t«-  Subjned  is  r'"  re- 
port of  the  case.    Oclober  Te>  m,   1 766.     Samuel  Stilwoll  ad,  D^m      n 

I'rto  XTr^nd."'/  ^"^""'^  '"•'''"''•'"  the  «p;r£!;„Xro?" 
sions  to  the  I  rench.     A  common  venire  had  issued,  and  a  nannel  w.Vl. 

f^^nS  h"'tT  *'""  ™'"?^-  '"^'^"^  ^y  Nicol  and  Smtth  for  "he  J? 
fendants,  that  the  jury  ou^ht  to  be  balloted  by  the  act  of  As.Zk  „  .^ 
fi«t  c  ause  by  impUcation  binding  the  crown,  and  the  e  gh  h  havSi^  i^ 
mediate  reference  to  the  first.  Kempe.  Attorney  General  co^rl^h.  T 
practice  has  been  otherwise.  Curia  The  stLute  4  &  ^^m  ' '''! 
Mary,  of  which  the  first  section  of  o^r  jury  act  is  a  conv  binSI  I'f  ^  ""** 

Ob  ecT  thl?  .'hi""'*'",''""f  *"  '"'^"  *""'»««•  Defendants'  coSnsdthea 
&'  ifi,  hi    r.""'  *'"^'**  .'''?°  '"  '='"''»'"  »»"»  twcnty.four  names 

srwii'j.^tanrtrvS?.:^^^^^^^  ^•'-^^-"-  i/t«oiat."s 


X 


6& 


[(Jhap.  T. 


In  consequence  of  this  conversion  and  new  alli- 
ance, the  House  was  now  led  to  serve  Mr.  Horsman- 
den,  (who  often  held  the  pen  lor  Delancey,)  by  a  bill 
to  give  him  two  hundred  and  fifty  pounds  for  a  digest 
of  the  laws  of  (he  colony :  and  belbre  the  adjourn- 
ment, both  Houses  concurred  in  a  joint  address  to  the 
King,  imploring  his  royal  aid  towards  repairing  the 
colony  loss  by  the  late  fire;  a  measure  from  which 
they  expected  to  derive  no  other  advantage  than,  by 
declarations  of  their  poverty,  to  obviate  any  bad  con- 
sequences from  Mr.  Clarke's  representation,  cithc" 
of  the  asperity  of  their  addresses,  or  their  disregard 
to  the  great  ends  he  had  assiduously  labour^  ^  to  ac- 
complish, for  the  advancement  of  the  autho..ty  and 
influence  of  the  crown.* 

When  the  proposal  for  compiling  the  laws  was  ta- 
ken into  consideration,  the  House  had  discovered 
what  they  seem  to  have  been  ignorant  of,  when  they 
presented  Mr.  Clarke  with  the  long  address  of  24th 
April,  1741,  for  in  that  they  applaud  the  revolution, 
as  restoring  to  the  colony  the  benefit  of  Assemblies ; 
but,  as  they,  now  perceived,  in  setting  a  rule  to  Mr. 
Horsmanden  for  executing  his  work,  that  they  had 
Assemblies  before  that  happy  sera,  and  that  there 
were  some  unfavorable  acts  of  those  days  still  in  force, 
they  not  only  authorise  him  to  begin  in  Ib91,  but  has- 
tily give  leave  to  Mr.  Justice  Philipse,  who  had  also 
enlisted  with  the  Chief  Justice  on  the  popular  side, 
to  bring  in  a  bill,  declaring  all  acts  and  ordinances 
passed  befoi'e  that  period  null  and  void.  It  was  then 
already  prepared;  but  whether,  from  the  advanced 
state  of  the  session,  or  the  improbability  of  its  success 
in  so  well-informed  an  administration,  or  the  pru- 
dence of  not  stirring  the  old  embers,  and  the  hope 
that  the  new  edition  would  help  to  conceal  what  they 
wished  to  annul,  this  bill  wa^  never  taken  up  after 


*  It  was  concealed  in  the  copy  of  the  entries  of  the  day  transmitted  to 
Mr.  Clarke,  under  the  pretext  of  decency  to  the  King,  and  transmitted, 
i|ot  by  him  to  the  Secretary  of  State,  but  in  a  private  letter  to  Mr.  Clinton, 
ijae  new  Gorernor. 


•paw 


W',m,'m 


,iii»m|. 


•*mrv: 


[Chap.  T. 

d  new  alli- 
•.  Horsman- 
y,)  by  a  bill 
for  a  digest 
lie  adjourn- 
dress  to  the 
jpairing  the 
Irom  which 
ige  than,  by 
iny  bad  con- 
ition,  eithe" 
ir  disregard 
our  ^  lo  ac- 
uiho.-ty  and 

laws  was  ta- 
i  discovered 
f,  when  they 
Iresb  of  24th 
e  revolution, 
Assemblies ; 
I  rule  to  Mr. 
lat  they  had 
d  that  there 
I  still  in  force, 
b91,but  has- 
who  had  also 
popular  side, 
id  ordinances 
,    It  was  then 
the  advanced 
of  its  success 
1,  or  the  pru- 
and  the  hope 
:eal  what  they 
aken  up  after 


3  day  transmitted  to 
ng,  and  transmitted, 
stter  to  Mr.  Clinton, 


1742-43.J 


the  first  reading.  Of  the  digesting  act,  Mr.  Horsman- 
den  took  no  advantage,  hoping  greater  gain  by  com- 
piling the  proceedings  against  the  late  conspirators, 
under  the  title  of  the  History  of  the  Negro  Plot :  he 
left  the  digest  to  be  executed  by  other  hands,  which 
was  done  in  1751. 

Mr.  Clarke's  glory  being  in  the  wane,  and  the  As- 
sembly looking  out  for  the  rising  of  a  new  sun,  they 
took  the  unprecedented  liberty,  at  their  next  meet- 
ing, on  the  16th  of  March,  1742,  to  request  a  further 
adjournment.  He  gratified  them  till  the  20th  April: 
and  two  days  afterwards,  insisted  upon  their  repair 
of  the  town  and  fort;  payment  for  the  transportation 
of  ordnance  to  the  interior  frontier;  the  rearing  new 
buildings  for  the  Governor's  residence;  the  victual- 
ling and  transporting  recruits  to  General  Wentworth; 
the  support  of  agents  in  the  Indian  country;  and  the 
amendment  of  the  militia  law. 

They  gave  him  no  answer,  but  in  a  few  days  ap- 
propriated a  small  sum  for  repairing  fortifications, 
and  forwarding  the  volunteers  to  the  West  Indies ; 
and  when  the  act  for  this  purpose  was  passed,  with 
another  regulating  the  payment  of  quit-rents  and  land 
partitions,  they  adjourned,  and  did  not  meet  again 
upon  bushiess  till  the  13th  of  October,  when  he  re- 
newed his  request  for  a  perm:;nent  revenue,  a  new 
act  for  the  support  of  Oswego,  and  the  conveyance 
of  twenty  more  recruits  to  the  West  Indian  army. 

Except  an  act  for  securing  Oswego,  little  was  done 
but  to  provide  the  ordinary  supplies  and  salaries  for 
the  year;  and  they  separated  before  the  expiration 
of  that  month. 

He  repeated  his  requests  on  the  21st  April,  1743, 
and  urged  their  supplying  the  magazines  with  ammu- 
nition, ball,  and  oilier  necessary  stores;  with  which 
they  were  piqued,  as  Mr.  Clinton,  at  their  private  in- 
stance, had  asked  for  them  in  England,  and  did  not 
succeed. 


es 


[Chap.  n. 


■|* 


CHAPTER  II. 

Fro::.  Governor  Clarke'.'^  rrturn  to  Kn^lnnd,  to  (he  appoint- 
ment of  Gotcrnor  Clinton. 

With  a  sullen  disregard  of  the  spoecli,  they  has- 
tened to  a  close  ul'  the  sesnion  ;  and  alter  the  passing 
three  bills,  neither  of  extensive  or  permanent  utility, 
they  took  their  leave  of  each  other,  and  never  met 
again,  except  for  further  adjournments,  till  Mr.  Clin- 
ton arrived. 

Though  Mr.  Clarke  had  several  children,  they 
made  no  <  .annexions  in  the  colony.  After  previous 
dispositions,  he  returned  in  I7i;>  lo  England,  to  pos- 
sess a  han<lsome  estate  in  (/heshire,  purchased  with 
his  American  acquisilions.  He  was  taken  prisoner 
on  the  passage,  hut  foupd  means  on  his  arrival,  to 

f)rocure  a  parliamentary  donation  superior  to  his 
osses  both  by  the  fire  and  his  captivity.  By  his 
offices  of  Secretary,  Clerk  of  the  Council,  Counsellor, 
»  nd  Lieutenant  Governor,  he  had  every  advantage  of 
inserting  his  own,  or  the  name  of  some  other  person 
in  trust  for  him,  in  the  numerous  grants,  which  he  was 
in  a  condition,  for  near  half  a  century,  to  quicken  or 
retard ;  and  his  estate,  when  he  left  us,  by  tlie  rise 
of  his  lands  and  the  population  of  the  colony,  was 
estimated  at  one  hundred  thousand  pounds. 

His  lady,  who  was  a  Hyde,  a  woman  of  fine  accom- 
plishments, and  a  distant  relation  of  that  branch  of 
the  family  so  highly  distinguished  by  the  famous  Lord 
Chancellor  Clarendon,  died  at  New-York;  but  Mr. 
Clarke  survived  her  to  about  the  year  1701,  having 
lived  in  the  aiiluence  he  acquired  in  America,  and 
leaving  the  world  at  a  very  advanced  age. 

Mr.  Clinton  was  the  son  of  the  late  Earl  of  Lincoln, 
and  uncle  tu  the  then  Earl,  who  had  not  long  before 
united  himseh»to  the  Newcastle  family,  by  his  mar- 
riage with  Mr.  Felham's  daughter.  The  Governoi- 
had  spent  his  life  in  the  navy ;  and  preferring  eas*- 


■        m  I     ■    im 


'\ 


[Chap.  tl. 


the  appoinl- 


j,  they  has- 
Ihc  passing 
meiit  Hlihty, 
I  never  met 
ill  Mr.  Cliii- 

lildren,  they 
Iter  previous 
;larid,  to  pos- 
rchased  with 
ken  prisoner 
lis  arrival,  to 
perior  to  his 
yity.     By  his 
I,  Counsellor, 
advantage  ot* 
other  person 
which  he  was 
to  quicken  or 
8,  by  the  rise 
B  colony,  was 

unds. 
offineaccom- 

hat  branch  ot 

"  famous  l^ord 

ork ;  but  Mr. 

i701,  having 

Auierica,  and 

lage. 

arl  of  Lincoln, 
lot  long  before 
ly,  by  ins  mar- 
rrhe  Governor 
L-eferring  eat 


lie 


AT'ij.j  m 

and  good  cheer  to  the  restless  activity  of  ambition, 
there  wanted  nothing  to  engage  the  interest  of  his 
powerful  patrons  in  his  favor,  than  to  humor  a  sim- 
ple-hearted man,  who  had  no  ill-nature,  nor  sought 
an^r  thing  more  than  a  genteel  frugality  and  common 
civility,  while  he  was  mending  his  fortunes,  till  his 
friends  could  recall  him,  and  with  justice  to  their  own 
characters  and  interests,  to  some  indolent  and  more 
lucrative  station. 

He  arrived,  with  Mrs.  Clinton,  a  tady  of  a  charac- 
ter very  ditlerent  from  his  own,  and  several  young 
children,  on  Thursday  the  22d  September,  I74:)» 

His  commission  was  published  the  same  day,  and 
people  of  all  ranks,  in  his  progress  to  the  Town  Halt 
ior  that  purpose,  testified  a  vociferous  joy.  He  soon 
learnt  that  the  Assembly  were  under  an  adjournment 
to  meet  in  a  few  day«,  and  that  tlie  multitude  would 
be  pleased  with  an  opportunity  for  a  new  choice  of 
Assemblymen.  The  first  act  of  his  administration 
was  a  dissolution  of  the  House,  on  the  «7th  of  Sep- 
tember, and  writs  were  the  same  day  made  out  for 
convening  another. 

While  the  chiefs  of  the  country  were  feasting  with 
and  recommending  themselves  to  the  new  Governor, 
the  elections  were  conducted  without  tumult,  and 
with  the  change  of  not  more  than  seven  members. 
Mr.  Clarice  had  displeased  the  principal  zealots  of 
the  two  parties,  which  took  their  rise  in  Cosby's  ad- 
ministration ;  Van  Dam  was  superannuated ;  Alex- 
ander and  Smith  engrossed  by  their  private  concerns, 
and  iiiLnersed  in  the  labors  of  their  profession.  De- 
lanccy  falling  in  with  the  spirit  they  had  raised,  as 
most  favorable  to  his  resentment  against  Mr.  '^'larkc, 
and  being  in  some  favor  with  the  leaders  of  the  last 
Assembly,  had  his  eye  turned  to  the  Governor ;  and 
thus  the  multitude  were  left  to  that  torpor  which  ge- 
nerally prevails  when  they  are  uninfluenced  by  (he 
arts  and  intrigues  of  the  restless  and  designing  sons 
of  ambition. 

The  session  opened  on  the  8th  of  lnovember,  and 
continued  only  to  the  17tli  of  December.    They  gave 


70 


p^v.  n. 


p '» 


the  Governor  a  salary  of  fillcen  hundred  and  bi    / 

{sounds,  one  hundred  pounds  for  his  house-rent,  ibur 
lundrod  pounds  for  fuel  and  candle-light  lo  himself 
and  the  garrison  of  the  independent  companies,  one 
hundred  and  dfty  pounds  (o  cnahle  him  to  visit  the 
Indians,  eight  hundred  pounds  to  make  presents  to 
those  tribes,  and  one  thousand  more  for  the  unsuc- 
cessful solicitations  of  the  King's  aid,  at  their  instance, 
towards  rebuilding  the  Fort,  and  obtaining  a  supply 
of  ammunition.  They  continued  the  salary  of  three 
hundred  pounds  to  the  Chief  Justice ;  and  now,  with- 
out opposition,  voted  one  hundred  pounds  a  year  to 
Mr.  Justice  Philipse,  half  that  sum  to  Mr.  Horsman- 
den,  the  third  Judge ;  and,  on  motion  of  Mr.  Morris, 
began  the  practice  of  enabling  the  Governor  and 
Council  to  araw  upon  their  Treasurer  for  contingent 
services,  now  limited  to  sixty  pounds,  but  afterwards 
increased  to  one  hundred  pounds  per  annum.  The 
Governor,  in  return,  assented  to  all  the  bills  that  were 
oflTered  him,  without  any  objection  to  those  limiting 
the  support  to  a  year ;  another  for  septennial  Assem- 
blies ;  and  a  third,  which,  by  giving  a  remedy  for  the 
recovery  of  legacies  at  common  law,  according  to  the 
project  of  the  anti-Cosbyan  patriots,  gratified  the  ge- 
neral disgust  raised  in  the  late  heats  against  the  au- 
thority of  the  Court  of  Chancery ;  the  business  of 
which  was,  by  this  act,  considered  as  somewhat 
abridged. 

In  tnis  session,  the  House  adjudged  that  personal 
residence  was  not  requisite  to  qualify  a  member,  and 
therefore  admitted  Mr.  Ludlow  to  a  seat  for  the 
county  of  Orange,  though  his  dwelling  was  at  NeW- 
York.  And  it  is  also  worthy  of  remark,  that  they 
applauded  the  practice  of  dissolving  the  Assembly 
upon  appointment  of  a  Governor  in  Chief,  informing 
Mr.  Clinton  in  their  address,  that  the  first  instance  to 
the  contrary  gave  rise  to  discontents,  and  that  the 
last  had  furnished  a  gr6at  handle  to  the  late  divisions. 

On  the  prospect  of  a  rebellion  in  Scotland,  the 
Lords  Justices  despatched  orders  for  military  prepa- 
rations, which  occasioned  a  call  of  the  Assembly  in 


•mmmmm 


[^ 


'hrtV 


■i\. 


ed  and  «'  '/ 
ise-rent,  lour 
ht  lo  himseii' 
mpanies,  one 
n  to  visit  the 
e  presents  to 
:>r  the  unsuc- 
heir  instance, 
ling  a  supply 
tlary  of  three 
nd  now,  with- 
nds  a  year  to 
Av.  Horsman- 
»■  Mr.  Morris, 
Jovernor  and 
'or  contingent 
ut  afterwards 
annum.     The 
jills  that  were 
those  limiting 
ennial  Assem- 
■emedy  for  the 
cording  to  the 
atified  the  ge- 
igainst  the  au- 
18  business  of 
as  somewhat 

that  personal 
I  member,  and 

seat  for  the 
r  was  at  New- 
ark, that  they 
the  Assembly 
hief,  informing 
ii-st  instance  to 
(,  and  that  the 
3  late  divisions. 

Scotland,  the 
military  prepa- 
le  Assembly  in 


174  J.J 


•"■"""fii" 


71 


April  1744,  and  the  Governor's  renewal  oV  his  im- 
uortunity  for  a  supply  of  the  magazine,  rebuildinc 
the  Fort,  nppouUing  agents,  attending  to  Oswejro 
strengthennig  the  hands  of  the  commissioners  for  Inl 
diaii  affairs,  and  Ibr  guarding  those  allies  against  the 
mtrigues  of  the  French.  ^ 

Both  Houses  strove  to  outvie  each  other  in  this 
alarm ;  and  a  joint  address  was  immediately  present- 
ed,  to  testily  their  abhorrence  of  the  fecottish  rebcl- 

cZ'W    e^  la^^'r  ^'^^^r^^' '  '«'-ge  «U'ns  were  given 

or  the  fortifications;  three  thousand  pounds  voted 

towards  a  mansion  house  for  the  Governor;  and  the 

naJdTff-    Lt''  ^^  k-®k"'*1'"^;/''"  ^«^'"^''  missionary, 
paid  oflC    After  which  the  House  adjourned  to  July  • 

when  the  war  havu.g  been  declared,  and  the  Indians 
visited  by  the  Governor,  he  called  upon  them  for  fur- 
ther  expenditures  on  the  northern  frontier,  not  only 
for  adding  to  the  works,  but  to  cooperate  with  com- 
missioners from  Massachusetts  Bay,  in  cultivating  a 
more  firm  and  extensive  alliance  with  the  savages  of 
the  wilderness.     He  recommended  also  the  fitting 
out  armed  vessels  to  guard  the  coast,  and  made  hi! 
third  request  to  them  for  constituting  agents  at  the 
British  Court    He  backed  his  speech  witif  a  message 
more  particularly  to  explain  his  general  requisitions; 
Zi     !?i  P  •^'P?'^  proposed  the  construction  of  a 
ort,  at  the  joint  expense  of  this  and  the  eastern  co- 
lonies, in  the  neighborhood  of  Crown  Point,  and  an- 
other at  Irondequot,  or  near  it,  at  a  common  charge, 
to  secure  the  fidelity  of  the  Senecas,  the  strongfs 
and  most  wavering  of  all  the  six  confederated  triSes. 
He  was  still  more  importunate  on  these  subjects  af- 
er  the  flight  of  the  Indian  traders  from  Oswe^|o  upon 
the  news  of  a  declaration  of  war;  and  added  his  de- 

The  House,  perceiving  the  insufficiency  of  their 
duties  upon  commerce  to  raise  a  competent  fund  for 
the  public  exigencies,  and  that  it  was  expedient  to 
lessen  that  income  and  encourage  privateering,  by 
exempting  p„ze  goods  from  all  impost,  proceeded 


:^t«ia»i.#'< 


-w»i^^Kr« 


72 


[Chap.  II. 


with  some  hesitation,  being  disincUned  to  that  gene- 
ral taxation  to  which  they  would  be  obliged  to  sub- 
mit, and  foreseeing  their  own  animosities  in  the  as- 
sessing of  the  county  quotas  for  a  partition  of  the 
burden. 

At  this  juncture  the  Council,  to  quicken  their  mo- 
tions, requested,  by  Doctor  Colden  and  Mr.  Murray, 
a  free  conference,  to  which  they  assented.  Mr.  De- 
lancey  opened  it,  and  urged  the  necessity  of  strength- 
ening the  garrison  of  Oswego,  lately  deserted  bv  the 
traders ;  and  they  were  brought  to  join  in  an  address, 
imploring  the  Governor  to  send  a  detachment  of  fifty 
men  to  that  fortress,  for  whom  the  Lower  House  im- 
mediately voted  a  supply;  and  agreeing  to  give  a 
8um  for  the  support  of  the  prisoners  in  the  colony, 
they  addressed  the  Governor,  complimenting  him  on 
his  vigilance  and  clemency,  and  entreated  that  he 
would  find  means  to  send  them  away. 

When  they  had  provided  the  ordinary  yearly  sup- 
port, and  for  many  other  expenses,  and  were  desir- 
ous of  a  recess,  Mr.  Clinton,  observing  that  no  pro- 
vision was  made  for  the  general  Indian  alliance 
proposed  by  the  Massachusetts  Bay  Assembly,  en- 
treated their  attention  to  it  as  a  great  and  important 
object,  much  urged  by  Governor  Shirley  in  a  late 
letter :  but  their  generosity  being  exhausted,  or  their 
fears  excited,  they  resolved  it  to  be  imprudent  to  en- 
gage in  the  scheme,  without  a  previous  plan  of  it; 
and  they  were  sent  home  on  the  21st  of  September. 

The  French  attempt  upon  Annapolis  having  rous- 
ed the  eastern  colonies  to  the  bold  design,  which 
they  accomplished  in  the  year  1745,  by  the  reduction 
of  Louisburgh ;  Mr.  Clinton,  animated  by  Mr.  Shir- 
ley's example,  sent  them  ten  pieces  of  field  ordnance, 
with  the  necessary  warlike  implements,  and  in  March 
solicited  the  Assembly  to  co-operate  in  thai  enter- 
prise. He  took  the  same  opportunity  to  press  the 
equipment  of  a  guard-ship  for  the  defence  of  the 
coast :  the  appointment  ol  agents ;  the  construction 
of  more  inland  forts ;  further  presents  to  the  Indians; 
money  to  defray  the  march  and  trajisportation  of  the 


'.'^.v.W'g  ' 


ii.wypiji 


[Chap.  II. 

»d  to  that  gene- 
obliged  to  sub- 
(sitles  in  the  as- 
partitioii  of  the 

licken  their  mo- 
ind  Mr.  Murray, 
jnted.  Mr.  De- 
isity  of  strength- 
deserted  bv  the 
in  in  an  address, 
tachment  of  fifty 
lOwer  House  im- 
•eeing  to  give  a 
■8  in  the  colony, 
iimenting  him  on 
itreated  that  he 

inary  yearly  sup- 
and  were  desir- 
ving  that  no  pro- 
Indian  alUance 
ly  Assembly,  en- 
at  and  important 
Shirley  in  a  late 
[hausted,  or  their 
imprudent  to  cn- 
ivious  plan  of  it; 
t  of  September, 
polis  having  rous- 
ild  design,  which 
,  by  the  reduction 
ited  by  Mr.  Shir- 
of  field  ordnance, 
;nts,  and  in  March 
ite  in  thai  enter- 
mity  to  press  the 
e  defence  of  the 
;  the  construction 
nts  to  the  Indians ; 
msportation  of  the 


detachments  and  supplies  to  Oswego;  liberal  sums 
for  contmgent  expenses ;  further  aid  for  supporting 
prisoners;  provision  to  enable  him  to  send  commis- 
sioners to  join  with  others  in  a  general  treaty  with  the 
Indian  nations;  and  a  union  with  the  rest  of  the  co- 
lonies, both  of  force  and  council^,  agreeably  to  a 
royal  instruction  continued  from  the  revolution  to 
this  day.* 


r..-..r^>^-'jf  e^T.vr'. 


*  The  instructions  referred  to,  show  the  early  atteation  of  the  crown  tn 
Sont?omer;  i- •    ''''  '"""'^'"^  "*  '''^''^  ^"™  '""^  "^^  given"o  M  " 

«'  83.  Whereas  it  has  been  thought  requisite  that  the  general  security  of 
our  plantations  upon  the  continent  of  America  be  provided  for,  by  a  con 
tribution  in  proportion  to  the  respective  abilities  of  each  plantation  -  an  i 
whereas  the  northern  frontiers  of  the  province  of  New-Yoik,  beine'mMt 
exposed  to  an  enemy,  do  require  an  extraordinary  charge,  for  the  erectine 
and  maintaming  of  forts  necessary  for  the  defence  thereof;  and  whereaf 
orders  were  given  by  Kmg  William  the  Third,  for  the  advancing  of  five 
hundred  pounds  s.cWing  towards  a  fort  in  the  Onondago  country,  and  of  two 
Sr„'l.  PP"'«'\**«j;'"'?  t«f  "d«  the  rebuilding  the  forts  at  Albany  and 
Schenectady ;  and  likewise  by  letters,  under  his  royal  sign  manual,  direct: 
ed  (o  the  Governors  of  divers  of  the  plantations,  to  recommend  to  the  Coun. 
cils  and  general  Assemblies  of  the  said  plantations,  that  they  resnectivelv 
furn«h  a  proportionable  sum  towards  the  fortificaUons  on  the  northern  fron- 
tiers  of  our  said  province  of  New- York— viz. 

Rhode-Island  and  Providence  Plantation,    -    -    -     r  ii^n 

Connecticut, -    -    -    -    .450 

Pennsylvania, ,=„ 

M-y'-«j. :  65? 

^"•e«»«>.     -    ; 900 

.    ,     ,.  ,  Making  together,     -     L.  2,500 

And  whereas  we  have  thought  fit  to  direct,  that  you  also  signify  to  our  nto, 
vince  of  Nova  Caesarea,  or  New-Jersey,  that  the  sums  wi.  .^h  weW  at 
present  thought  fit  to  be  contributed  by  them,  if  not  already  done,  in  pro. 
porUon  to  what  has  been  directed  to  be  supplied  by  our  other  plantations  aa 
aforesaid,  are  two  hundred  and  fifty  pounds  sterling  for  the  division  of  East 
New-Jersey,  and  two  hundred  and  fifty  pounds  sterling  for  the  division  of 
West  New-Jersey  .you  are  therefore  to  inform  yourself  what  has  been 
done  therein,  and  what  remains  further  to  be  done,  and  to  send  an  account 
thereof  to  us,  and  to  our  Commissioners  for  Trade  and  Plantations  as 
aioresaid.  ' 

rZnUii  '^"Ar"  ^'■^  VT'  '"  /l"'"  °'""^'  instantly  to  recommend  to  our 
Council  and  the  general  Assembly  of  our  said  province  of  New- York  that 

fJriirif 'ii*K*  "*"•"■*  °I  ^^^''  P""*'  '"  prodding,  without  delay,  'what 
fnl  ?;  11  f  ^^T'^^  ^"^  repairing,  erecting,  and  maintaining  of  sucb 
«.  o?  i  P?""'*  °^  "'^  province,  as  you  and  they  shall  agree  upon. 
85.  And  you  are  likewise  to  signify  to  our  said  Council  and  the  said 
general  Assembly,  for  their  further  encouragement,  that  besides  the  rontri- 
r^l\T.t  «^  fj?"!*  towards  the  raising  and  maintaining  of  forts  and  fortifi- 
cabons  on  that  frontier,  as  above  mentioned,  it  is  our  wiU  and  pleasure,  that 


l?9n^ 


'^~*-'  iii*iaiiiiinjiiiiii  .iiii*.*!*!  til  II 


'".'*. 'I" 


•^  Mill  ji  m^mfi 


lif  "'Hi 


M  [Chap.  It 

The  Assembly,  conscious  of  their  neglect  of  his 
recommendation  for  constituting  an  agent,  took  tUc 
repetition  unkindly.  They  had,  on  that  account,  been 
much  censured  without  doors,  a  bill  havmg  been 
brought  into  Parliament  for  preventing  the  colony 
paper  money  from  being  a  legal  tender,  and  to  pre- 
vent which  no  steps  had  been  taken,  though  it  was 
known  here  before  their  last  rising.  But  the  other 
colonies  awakened  the  popular  attention,  and  com- 
pelled the  city  members  and  several  merchants  to 
loin  with  the  Council,  in  the  recess  of  the  House,  to 
co-operate  in  the  necessary  remonstrances  to  the 
Commons  of  Great  Britain  for  postponing  the  bill. 

They  had  not  then,  as  they  now  asserted,  given  any 
more  than  the  title  of  it,  and  consequently  knew 
nothing  of  the  scope  of  its  last  two  clauses,  which 
alarmed  all  the  colonics  with  apprehensions  of  a  de- 
«<i0n  to  overturn  the  liberties  of  the  plantations,  by 
-compelling  our  legislators  to  obey  all  the  orders  and 
instructions  of  the  crown. 

One  of  the  first  objects,  therefore,  of  their  present 
attention,  was  a  report  upon  these  transactions; 
thanks  to  the  managers  of  them;  the  reimbursement 
of  the  money  sent  to  Messrs.  Samuel  and  William 


incase  the  said  frontier  be  ut  any  lime  invaded  hj  an  enemy,  the  neighbor- 
ing  colonies  and  plantations  upon  that  continent  shall  make  good  in  men,  or 
money  jn  lieu  thereof,  their  quota  of  assistance,  according  to  the  following 
le-partitions — viz, 

Massachusetts  Bay, 

New-Hainpshirc,  -        -        - 

Rhode-Island,         -         -         - 

Connecticut,  .        .        - 

New-York,   -        -        -        - 

East  New-.Iersey, 

Vv'est  New-Jersey, 

Pennsylvania,        .        -        - 

Maryland,     .        -        -        - 

Virginia,       .        .        -        - 

Making  together,  -  1,358 
Pursuant  whereto,  you  are,  as  occasion  requires,  to  call  for  the  same ;  and 
in  case  of  any  invasion  upon  the  neighboring  plantations,  you  are,  upon 
application  of  the  respective  Governors  thereof,  to  be  aiding  and  assisting 
ta  them  in  the  best  manner  you  can,  and  as  tlie  condition  and  safety  ot  youi 
gavernment  will  permit." 


350  Men. 

40 

48 
120 
200 

60 

60 

80 
160 
240 


■"<yr<mitww"  •"<»*"  ■■».«■— 


1 

i 


[Chap.  II. 

icglect  of  his 
ent,  took  tLe 
account,  been 
having  been 
g  the  colony 
r,  and  to  pre- 
though  it  was 
But  the  other 
ion,  and  corn- 
merchants  to 
the  House,  to 
ranees  to  the 
ing  the  bill, 
•ted,  given  any 
quently  knew 
clauses,  which 
nsions  of  a  de- 
plantations,  by 
Ihe  orders  and 

f  their  present 

transactions ; 

reimbursement 

I  and  William 


enemy,  the  neiglibor- 
rnake  good  in  men,  or 
"ding  to  the  following 

J50  Men. 

40 

48 
120 
200 

60 

60 

80 
160 
240 

,358 

;all  for  the  same ;  and 
alions,  you  are,  upon 
]e  aiding  and  assisting 
ition  and  safety  of  your 


1745.]     n  '^ 

Baker  of  London,  who  had  been  charged  with  the 
opposition  to  the  bill  offered  to  the  Commons,  and  the 
approbation  of  the  objections  urged  against  its  pass- 
ing into  a  law. 

In  this  ill  humour  they  presented  no  address ;  and, 
though  Mr.  Clinton  sent  them  the  papers  necessary 
for  their  information  concerning  the  eastern  expedi- 
tion, with  a  copy  of  the  instruction  referred  to  in  his 
speech  on  the  14th  of  March,  they  continued  for  se- 
veral days  inatterjlive  to  it ;  slighted  his  opinions  con- 
cernmg  additional  fortifications;  ordered  the  city 
members  to  enquire  for  and  consult  some  engineer; 
intimated  a  design  to  lessen  the ganison  of  Oswego ; 
dechned  the  project  of  a  guard-ship ;  rejected  that 
tor  appouitmg  joint  commissioners  to  treat  with  the 
Indians  for  mutual  defence ;  voted  but  three  thou- 
sand pounds  to  the  New  England  expedition ;  re- 
solved to  appoint  no  agents  at  present,  and  declined 
the  provision  of  presents  for  the  Indians. 

Expecting  notMng  from  them  in  this  temper,"  he 
convened  both  Houses  before  him  on  the  13th  May, 
passed  three  bills  sent  up  to  him  by  the  Council,  and 
dissolved  the  Assembly,  delivering  a  speech  at  the 
same  time,  in  which  he  not  only  expresses  his  own 
resentment  with  insinuation  of  the  receipt  of  personal 
incivilities,  but  endeavours  to  render  them  odious  to 
their  constituents. 

The  late  sudden  dissolution  had  very  Jittle  influ- 
ence upon  the  minds  of  the  community  at  large,  for 
nearly  the  same  members  were  returned ;  but  it  in- 
fluenced the  new  House,  for,  in  answer  to  the  Gover- 
nor's speech  of  the  25th  June,  they  presented  an  ad- 
dress promising  attention  and  despatch,  and  testify- 
ing their  persuasion,  that  he  had  the  King's  service 
and  the  welfare  of  the  colony  sincerely  at  heart,  and 
promising  their  assistance  in  cultivating  harmony  be- 
tween the  several  branches  of  the  Legislature,  for 
the  great  ends  they  all  had  in  view. 

What  he  had  proposed  was  the  erection  of  several 
batteries  in  the  capital,  more  forts  on  the  frontiers, 
and  aid  of  ships,  men  and  provisions  to  the  New  Eng- 


IH**" 


♦iiit.iiiiiiiiLin  jj. 


76 


land  enterprise  upon  Louisburgli,  which  promised 
success  by  the  capture  of  one  of  the  batteries  and  a 
ship  of  64  guns. 

Mr.  Jones,  who  had  long  acquired  the  reputation 
of  an  economist,  was  now  placed  in  the  chair. 

They  immediately  ordered  in  a  bill  to  give  five 
thousand  pounds  towards  the  Cape  Breton  expedi- 
tion, another  for  the  necessary  fortifications,  and 
others  for  finishing  the  Governor's  house,  presents 
for  the  Indians  who  were  wavering  and  had  lately 
made  a  visit  to  Cai.  la.  His  design  for  an  immedi- 
ate treaty  with  them  was  his  apology  for  convening 
the  Assembly. 

They  voted  six  hundred  pounds  in  addition  to  four 
hundred  pounds  not  yet  expended,  and  he  went  im- 
mediately to  the  Indian  treaty  at  Albany.  After  his 
return  in  autumn  he  informed  the  House,  by  a  mes- 
sage of  2d  November,  that  the  French  Indians  had 
broken  the  neutrality  and  made  incursions  upon  New 
England ;  that  he  dreaded  an  attack  upon  this  colo- 
ny ;  that  the  Six  Nations  agreed  to  take  a  part  in  the 
war,  and  had  his  orders  for  action.  They  did  not 
part  before  the  Governor's  prediction  was  verified  in 
the  destruction  of  the  scattered  village  of  Saratoga, 
with?n  forty  miles  from  Albany. 

The  party  of  French  and  Indians,  from  Crown 
Point,  surprised  those  settlements  on  the  night  of  the 
16th  November,  and  burnt  the  fort  and  several  other 
buildings,  killed  some  of  the  inhabitants  and  carried 
others  into  captivity.  The  country  being  uncovered 
down  to  the  very  city  of  Albany,  this  event  not  only 
spread  a  general  consternation  among  the  northern 
settlers,  who  all  fled  from  their  habitations,  but  raised 
a  general  dissatisfaction.  Mr.  Clinton,  indeed,  M'as 
unblameable,  having  frequently  endeavoured  to  ex- 
cite the  Assemblies,  and  so  had  Mr.  Clarke,  to  erect 
a  fortress  on  the  northern  frontier ;  but  the  censures 
of  the  multitude  being  loud  and  clamorous,  the  Go- 
vernor indulged  more  heat  than  prudence,  and  sen! 
a  message  to  the  House  respecting  the  tragedy  at  Sa- 
I'atoga,  and  threatened  to  draw  out  detachments  of 


1745.] 


Iiich  promised 
batteries  and  a 

the  reputation 
he  chair, 
ill  to  give  five 
Breton  expedi- 
ifications,  and 
louse,  presents 
and  had  lately 
for  an  immedi- 
I  for  convening 

addition  to  four 
nd  he  went  inni- 
any.  After  his 
Duse,  by  a  mes- 
ich  Indians  had 
sions  upon  New 
upon  this  colo- 
ike  a  part  in  the 
They  did  not 
I  was  verified  in 
ige  of  Saratoga, 

US,  from  Crown 
I  the  night  of  the 
id  several  other 
mts  and  carried 
)eing  uncovered 
s  event  not  only 
ng  the  northern 
itions,  but  raised 
on,  indeed,  was 
leavoured  to  ex- 
Clarke,  to  erect 
3ut  the  censures 
morous,  the  Go- 
idence,  and  sent 
lie  tragedy  at  Sa- 
;  detachments  of 


•f7' 


the  miUtia,  expressing  himself  in  such  sharp  re- 
jiroaches  for  their  inattention  to  his  former  requisi- 
tions, as  were  not  soon  forgot.  At  \  resent  they  sup- 
pressed their  resentment,  and  entered  a  resolve,  that 
they  M'ould,  at  all  times,  concur  in  every  personable 
measure,  not  only  for  the  defence  of  the  province, 
but  the  assistance  of  their  rjeigh hours,  in  any  well 
concerted  plan  consistent  with  her  circumstances,  to 
distress  and  attack  the  enemy;  adding,  that  this  was 
and  ever  had  been  the  firm  purpose  and  unanimous 
resolution  of  the  House. 

The  session  being  nearly  at  an  end,  they  passed 
votes  of  credit,  oflTering  rewards  for  scalps,  the  pay- 
ment of  scouting  parties,  the  erection  of  redoubts, 
the  transportation  of  detachments,  provisions,  and 
ammunition  for  the  Indians.  The  rejection  of  Mr. 
Holland,  who  claimed  a  seat  in  the  House  as  mem- 
ber for  the  township  of  Schenectady,  contributed  not 
a  little  to  the  acrimony  of  the  Governor's  message. 
Though  he  had  a  majority  of  electors,  his  petition 
was,  at  first,  unreasonably  postponed,  and  himself,  at 
last,  excluded  (1st  November)  under  the  pretext  of 
his  wanting  qualifications  required  by  the  town  char- 
ter ;  but,  in  truth,  because  he  was  a  resident  at  New- 
York  and  a  friend  to  the  Governor.  Mr.  Holland 
lost  nothing  by  this  injury,  for  it  procured  him  the 
mayoralty  of  the  metropolis  and  a  place  in  the 
Council. 

The  bills  providing  salaries  for  the  year,  in  which 
they  continued  the  gift  of  twenty  pounds  made  for 
several  years  past  to  Mr.  Barclay,  the  missionary  to 
the  Mohawks,  bring  passed  with  several  other  acts, 
the  session  termniated  on  the  29th  of  November. 

Importuned  by  Colonel  Philip  Schuyler  of  Albany, 
whose  brother  was  massacred  in  the  late  descent 
upon  Saratoga,  for  a  detachment  of  three  hundred  of 
the  militia  ol  the  lower  countieij,  and  the  rebuildin"- 
of  the  fort  there,  and  by  the  Commissioners  for  In^ 
dian  affairs  on  other  proposals  for  the  security  of  the 
frontiers,  and  stimulated  by  letters  from  Doctor  Col- 
den  and  others,  who  gave  alarms  of  attacks  intended 


78 


[Chap.  II. 


«n  the  western  side  of  Ulster  county,  as  well  as  by 
the  people  of  Massachusetts,  for  a  confederacy  with 
the  eastern  colonies  in  a  plan  of  general  defence ; 
Mr.  Clinton  gave  the  Assembly  a  recess  only  till  the 
20th  of  December,  and  then  held  up  these  objects  to 
the  attention  of  the  House  in  a  message,  asking  at  the 
same  time  for  some  efficacious  amendments  to  the 
militia  act,  and  tartly  taxing  them  with  the  neglect  of 
the  important  particulars  laid  before  them  for  the 
service  and  honor  of  the  province. 

They  asked  leave  to  adjourn  to  the  7th  of  January, 
1746,  and  before  he  consented,  voted  one  hundred 
and  fifty  pounds  for  rebuilding  Oswego.  They  con- 
curred, at  the  next  meeting,  in  amending  the  militia 
act;  prepared  to  fulfil  their  late  engagements;  call- 
ed for  a  conference  with  tiie  Council  respecting  the 
New  England  confederacy ;  voted  the  erection  of  a 
line  of  block-houses  on  the  frontier,  and  for  rangers 
to  defend  the  western  quarter  of  Ulster  and  Orange ; 
added  to  the  fortifications  in  the  capital ;  resolved  on 
a  lottery,  and  a  new  emission  of  ten  thousand  pounds 
in  paper  money,  to  be  sunk  by  a  tax.* 

They  nevertheless  made  their  advancements  with 
disgust,  and  fell  into  quarrels  with  each  other,  divid- 
ing often  upon  the  partition  of  the  general  burden 
among  their  counties,  and  at  length  for  several  days 
met  only  to  adjourn.  The  Governor  passed  the  bills 
that  were  ready  for  him,  and  prorogued  the  House 
for  a  few  days.  On  re-assembling,  the  4th  of  March, 
the  small-pox  prevailing  at  Greenwich,  rvhere  they 
had  lately  sat,  they  requested  an  adjournment  to  the 
second  Tuesday  in  April,  at  some  other  place.  No- 
thing could  be  more  reasonable  than  a  change  of  the 
place,  whatever  the  objections  might  be  as  to  the 
time.  The  answer  v  as  this  :  "  Gentlemen, — My  pre- 
sent indispc  lion  .  'events  me  from  speaking  to  you 
in  public,     i  most  earnestly  recommend  to  you  to 


*  They  would  not  confer  with  the  Council  upon  the  bill  for  this  emissioii, 
considerikig  it  as  a  wmey  bill.     FU's  JowtkU,  25t/i  February,  1746. 


"'"il^yWWIWiHIWB'^IW!  »i  .WJIIllimPWii  my 


■I'HJH* 


[Chap.  II. 

s  well  as  by 
deracy  with 
ral  defence; 
only  till  the 
se  objects  to 
asking  at  the 
nents  to  the 
he  neglect  of 
Lhem  for  the 

h  of  January, 
one  hundred 
They  con- 
ig  the  militia 
;rncnts;  call- 
especting  the 
erection  of  a 
id  for  rangers 
and  Orange ; 
;  resolved  on 
usand  pounds 

icements  with 
I  other,  divid- 
meral  burden 
[•  several  days 
issed  the  bills 
ed  the  House 
4th  of  March, 
h,  '.vhere  they 
irnment  to  the 
?r  place.  No- 
change  of  the 
:  be  as  to  the 
nen,— My  pre- 
)caking  to  you 
end  to  you  to 


bill  for  this  emi8sioa« 
''ebrmry,  1746. 


1746.] 


79 


make  ample  provision,  and  that  with  the  utmost  des- 
patch, for  all  those  services  I  recommended  to  you 
the  last  session,  and  hitherto  remain  unprovided  for." 
Upon  which  they  resolved,  that  their  speaker  and  five 
members  have  j^ovver  to  adjourn  from  day  to  day,  but 
that  not  less  than  a  majority  transact  any  other  busi- 
ness, and  upon  all  questions  the  names  of  the  mem- 
bers be  entered  and  published  in  the  journals ;  and 
then  they  adjourned  to  the  evening  of  the  next  day. 

Mr.  Clinton  called  his  Council  together  in  the  in- 
terim, and  sent  a  message  consenting  to  their  meet- 
ing on  the  12th  instant,  at  the  borough  ot  Westches- 
ter. They  met  there,  and  first  voted  a  request  to 
meet  at  Brooklyn  on  Long-Island,  but  rescinded  it  the 
same  day,  and  desired  to  return  to  New- York;  and 
remaining  inactive  for  several  days,  the  Governor, 
with  the  advice  of  the  Council,  preferred  Brooklyn 
to  the  capital,  where  the  small-pox  prevailed,  and 
ordered  them  to  adjourn  thither  accordingly. 

Sixteen  days  had  now  elapsed  to  no  other  purpose 
than  incurring  the  ridicule  of  the  wits,  and  sharpen- 
ing spirits  before  sufficiently  disquieted;  and  as  soon 
as  the  House  met  at  Brooklyn,  on  the  20th  of  March, 
they  appointed  a  committee  to  answer  a  representa- 
tion, which  the  Council  had  presented  to  the  Gover- 
nor, on  the  late  refusal  of  the  House  to  confer  with 
them  on  the  bill  to  emit  ten  thousand  pounds  of  pa- 
per money. 

The  Governor  now  opened  their  business  by  a  mes- 
sage, demanding  provision  for  constructing  six  new 
block-houses  on  the  northern  frontier ;  the  punctual 
payment  of  their  militia  garrisons,  and  twenty-five 
men  to  be  posted  in  two  others  at  Schenectady ;  no- 
tified them  that  the  Six  Nations  had  refused  to  act  in 
the  war;  urged  an  alliance  with  the  New  England 
colonies,  to  lessen  the  expense  of  repurchasing  the 
aid  of  the  six  cantons ;  insisted  upon  more  money  to 
strengthen  the  hands  of  the  commissioners,  pro  re 
nata ;  demanded  a  further  aid  of  provisions  for  the 
Oswego  garrison ;  a  quota  of  men  to  garrison  Louis- 
burgh,  till  others  arrived  from  England ;  and,  to  in- 


J 


'Mi 


■pnwniiiwif  in^iLiii«iiiiwjpwnitf8WWiy"' 


mmx^'m'immm 


80 


[Chap.  II. 


m 


:i '.  w. ' 


gratiate  himsell"  with  the  people  without  doors,  con- 
cluded with  declaring,  that  "  the  enemy  cannot  be 
more  industrious  for  the  ruin  of  the  colony,  than  he 
could  be  careful  to  preserve  it  in  the  quiet  possession 
of  his  Majesty's  subjects." 

After  this,  they  called  a  conference  with  the  Coun- 
cil for  nominating  commissioners  to  treat  with  the 
other  colonies,  and  agreed  to  recommend  to  the  Go- 
vernor, Messrs.  Philip  Livingston,  Horsmanden,  and 
Murray,  of  the  Upper  House,  and  Mr.  Verplanck  and 
Mr.  Nicoll,  of  the  Lower  House.  They  desired  the 
Governor  to  inform  them  whether  he  had  any  objec- 
tion to  the  emission  of  paper  money ;  but  to  this  he 
gave  the  proper  answer,  that  "  when  the  bill  came  to 
Kim,  he  would  declare  his  opinion." 

They  proceeded  then  to  votes  for  the  services  that 
were  recommended,  and  increased  the  emission  bill 
to  thirteen  thousand  pounds,  and  projected  a  lottery. 

To  lessen  the  expense,  the}'  proposed  to  the  Coun- 
cil a  joint  address  to  the  Governor,  for  his  posting  at 
Schenectady  sixty  men  of  the  independent  compa- 
nies in  the  pay  of  the  crown :  and  about  the  same 
time,  Mr.  Clinton  stimulated  them  again  for  their 
quota  to  maintain  the  garrison  at  Louisburgh,  where 
an  attack  was  expected;  and  for  an  allowance?  to 
Captain  Armstrong,  an  engineer,  sent  over  at  his  in- 
stance by  the  crown,  to  plan  the  intended  fortifica- 
tions. The  first  of  these  they  immediately  refused, 
assigning  for  their  excuse,  the  exposed  and  weak 
state  of  the  colony. 

On  the  3d  of  May,  he  gave  them  a  recess  for  a 
month;  and  then  passing  the  lottery  bill,  to  raise 
three  thousand  three  hundred  and  seventy-five 
pounds,  for  fortifying  the  city  of  New-York ;  another 
for  the  like  pi  rposes  in  other  parts  of  the  colony ;  a 
third  for  a  military  watch  in  the  county  of  Albany; 
another  authorizing  commissioners  to  take  affidavits 
in  the  country  to  be  used  in  the  Supreme  Court ;  and 
that  for  issuing  thirteen  thousand  pounds  in  bills  of 
credit,  to  be  sunk  by  a  three  year's  tax ;  the  annual 


itfisifrnmn 


■»|U!'>IWIWH 


i.i«ni»j|,;^  i|itiiwiji|«n»». 


[Chap.  II. 

doors,  con- 
y  cannot  be 
ony, than  he 
;t  possession 

th  the  Coun- 
jat  with  the 
d  to  the  Go- 
nanden,  and 
rplanck  and 

desired  the 
i  any  objec- 
ut  to  this  he 

bill  came  to 

services  that 
emission  bill 
:ed  a  lottery, 
to  the  Coun- 
is  posting  at 
lent  compa* 
ut  the  same 
in  for  their 
urgh,  where 
llowancp  to 
^er  at  his  in- 
ed  fortifica- 
tely  refused, 
1  and  weak 

recess  for  a 
»ill,  to  raise 
seventy-five 
rk;  another 
e  colony ;  a 
of  Albany ; 
ke  affidavits 
Court;  and 
Is  in  bills  of 
;  the  annual 


levies  of  which   here  subjoined,  show  the  compara- 
tive  ODulence  of  the  counties  at  that  time  • 
New-York,    -        .        .      z,.,,444  ' 
Albany,         -        -        -        .    622 
Kings,  -        -         -        -    254 

Queens,  -  .  .  -487 
Suffolk,  -        -         .        .     433 

Richmond,  -  -  .  -  131 
Westchester,  ...  240 
Ulster,  -        _        ,        .    393 

Orange,  -  .  ,  -  144 
Dutchess,      -        -        .        -    180 


8 

11 

3 

94 

18 

Oi 

9 

54 

6 

8 

6 

.>4 

14 

84 

18 

94 

8 

104 

11 

14 

rJ^}  ^T  A^^  'f a^r  unacquainted  with  the  petty 
cabals  of  a  distant  colony,  and  who  may  be  delSded 
by  the  seeming  precision  of  these  quotas,  it  is  proper 
to  add,  that  the  members  for  the  metropolis  always 
complain  of  the  intrigues  of  the  country  gentlemen! 
jn  loading  their  city  with  a  third  part  of"  the  pu"l"c 
burdens  for  the  ease  of  their  own  counties ;  and  that 
bu  for  the  fear  of  losing  their  bills  in  th;  CouncU 
wh  ch  ,s  generally  composed  of  citizens  of  influence 
a  stillgreater  share  would  fall  upon  that  smallSd 
forming  the  city  and  county  of  New-York 
JaI      T^f'  Mr  Clinton  found  it  necessary  to 
add  three  hundred  of  the  mihtia  to  the  one  hundred 
and  twenty  m  the  b lock-houses,  and  those  thirty  post- 
ed at  Saratoga.  This  occasioned  fresh  demands  Cn 
the  Assembly,  to  which  they  readily  compl  ed  ^?h 
an  augmentation  of  one  hundred  and  fift/mol  bl 
sides  fifty  Indians :  and  three  days  after  the  firsTmes 

X'-^^^^r^'"*'^"^^^"^^**  ^^^^  of  thedeSgnaTon 
of  this  aid  by  another  brought  to  Brooklyn,  by  Mr 
Banyar,  Deputy  Clerk  of  thi  Council;  and  the  same 
day  opened  a  new  and  extensive  scene  in  a  speed, 
acquainting  them  that  the  Duke  of  Newcastirtn  « 
letter  of  the  9th  of  April,  had  signified  h^M^^^^^^^ 
pleasure  to  set  forward  an  expedition  againsrSda 
ommanding  levies  in  all  the  colonic?  for  that  pur-' 
l»ose ;  that  every  company  should  consist  of  one  hC 


iBiiirii  iiinMii 


.-««./ 


—  I"    ■'■p— 


m 


f t'\ 

■I  ,   " 


•     ■       I 


W'ii^ 


ill 


82  [Chap.  H. 

tirctl  moil,  to  be  r.iised  iVorn  New-York  to  Virginia, 
inclusive,  in  one  corps,  under  Mr.  Goocli,  the  Gover- 
nor of  Virginia,  .as  Brigadier  Gener.il,  .and  the  whole 
force  to  he  as  great  Jis  could  he  colh^cted  before  the 
time  of  their  njurch. 

The  project  was  Mr.  .Shirley's :  it  was  couimuni- 
cated  in  a  letter  of  the  l.'Uh  of  January,  and  approv- 
ed by  our  Asseml)ly  on  the  25th  of  February.  J'hey 
were  to  be  joined  by  regular  troops  from  England. 

This  intelligence  was  received  with  th<  "xreatest 
exultation  by  the  general  mass  of  the  peopU .  The 
AsseirUiy  therefore  expressed  themselves  that  very 
day  with  all  the  ard(»r  of  patriotic  zeal.  "The  mo- 
ment we  leave  your  Excellency,"  said  they,  "  we 
shall  employ  our  hearts  and  our  hands  to  the  great 
work  Sefon  us,  and  come  to  such  resolutions  as  shall 
immediately  forward  the  important  design;  and  the 
whole  course  of  our  proceedings  shall  be  conducted 
with  uch  unanimity  and  elFectual  despatch,  as  may 
add  lo  the  pleasing  hopes  of  a  happy  success,  and 
prove  us  fully  sensible  of  our  duty,  loyalty,  and  gra- 
titude to  hi  Majesty,  our  regard  to  the  ease,  welfare, 
and  security  oi  those  we  represent,  and  of  that  just 
resent'ient  t'lat  should  animate  us  in  opposing  the 
peHidy  and      uelty  of  the  most  dangerous  enemy." 

IV  juties  were  raised  for  volunteers,  and  for  the 
purchase  of  provisionsana  ammunition;  exportations 
of  pro\isions  prevrnted ;  the  Indians  called  to  a 
meeting;  the  other  colonies  excited  to  join  in  col- 
lecting presents  to  conciliate  their  aid ;  artificers  im- 
pressed for  public  works ;  part  of  the  militia  detach- 
ed ;  a  forty  thousand  pound  tax  imposed,  to  sink  as 
much,  immediately  supplied  by  a  new  emission  of 
paper  money;  thanks  given  to  the  King  for  forward- 
ing an  enterprise  so  necessary  to  us,  and  for  advan- 
cing the  trade  of  the  empire  in  general. 

They  hesitated  about  nothing  necessary  to  give  it 
success,  except  furnishing  provisions  for  the  Indians, 
unless  the  neighboring  colonies  would  bear  a  part  of 
the  expenses;  and  any  contribution  for  the  trans- 
portation of  stores,  for  which  they  refused  even  to 


-KfT" 


l^li   »l  ■ 


[Chap.  H. 

:  to  Virginia, 
J,  the  Cover- 
lid the  whole 
cd  before  the 

ms  oouauuni- 
,  and  approv- 
jruary.    I'hey 
,m  England. 
1  th<   <:reatest 
neopU      The 
Ives  that  very 
^\     "  The  mo- 
li'd  they,  »we 
fls  to  the  great 
ilutions  as  shall 
esign ;  and  the 
I  be  conducted 
Bpatch,  as  may 
ly  success,  and 
byalty,  and  gra- 
e  ease,  welfare, 
aid  of  that  just 
n  opposing  the 
jrous  enemy. 
^rs,  and  for  the 
,n;  exportations 
ms  called  to  a 
to  join  in  col- 
;  artificers  im- 
militia  detach- 
Msed,  to  sink  as 
lew  emission  ot 
ing  for  forward- 
and  for  advan- 

ral.  .      . 

;essary  to  give  it 
for  the  Indians, 

Id  bear  a  part  ot 

,n  for  the  trans- 
refused  even  to 


ITtG.J 


m 


:idvan«  "  money  to  llji;  Oown  even  u\um  loan,  con- 
ceiving that  it  ought  Id  be  raised  by  bilU  of  exchange, 
a  hint  which  Mr.  Clinton  improved  greatly  to  his  owti 
emolument.  They  separated  on  the  ]!j\\\  of  July, 
and  the  Governor,  in  a  few  days  after,  went  (o  the  In- 
dian treaty  at  Albany.        , 

He  could  prevail  upon  none  of  the  Couneil  to  at- 
tend him,  c?:ccpt  Doctor  Colden,  Mr.  Livingston,  and 
Mr.  Rutherford.  From  Mr.  Delancey,  by  whom  his 
measures  had  formerly  been  directed,  he  was  to  ex- 
pect no  aid.  They  had  quarrelled  in  their  cups,  and 
set  each  other  at  defiance.  The  Governor  then  gave 
his  confidence  to  Mr.  Colden.  The  Chief  .Justice,  in- 
flated by  his  popular  inlluence— the  rise  of  Sir  Pel  ■ 
Warren,  his  brother-in-law,  and  the  patronage  of  ' 
Herring,  formerly  his  tutor  and  now  his  correspon- 
dent, in  the  elevated  station  of  Archbishop  of  Can- 
terbury— and,  by  Mr.  Clinton's  incaution,  rendered 
independent  by  a  renewal  of  his  commission  during 
good  behaviour,  in  other  words,  for  life — had  begun, 
in  the  course  of  last  wii.ter,  to  domineer  over  the 
Governor,  who,  on  a  certain  occasion,  expressed  with 
some  tartness  his  resolution  to  maintain  the  dignity 
of  his  station.  The  altercations  ran  so  high,  that 
Mr.  Delancey  left  the  table  with  an  oath  of  revenge, 
and  they  became  thencefortli  irreconcileable  foes. 

The  Governor  left  no  stone  unturned  to  procure  a 
numerous  assembly  of  the  Indians.  The  interpreter 
had  exerted  himself  for  that  purpose  among  the  more 
distant  tribes,  while  Mr.  Johnson,*  at  his  request, 

*  This  gentlcmeti  owed  liii>  elevation  from  the  obscurity  of  asohtary  re- 
sidence in  the  wilderness  to  the  incidents  of  this  period.  IJe  was  a  ne- 
phew to  Captain,  afterwards  Sir  Peter  Warren,  and  until  his  ambition  was 
fanned  by  the  party  feuds  between  Clinton  and  Delancey,  nspired  no  higher 
than  to  the  life  of  a  genteel  farmer  in  the  vicinity  of  fort  Hunter,  sur- 
rounded by  the  Mohawks.  When  Colonel  Philip  Schuyler  (who  as  the  son 
of  the  celebrated  Peter)  held  the' affection  of  the  Six  Nations,  he  indis- 
creetly attached  himself  to  Delancey.  A  door  was  then  opened  to  Mr. 
Johnson,  who  became  a  favourite  of  Clinton's,  and  improved  his  advan- 
tages, as  the  sequel  will  show,  to  the  acquisition  of  honour  and  power,  and 
such  a  vast  estate  of  the  crown  lands  as  cannot  fail  to  support  the  heredi- 
tary dignity  of  an  English  Baronet,  to  which  he  arrived  in  the  course  of  a 
few  years,  in  consequence  of  his  celebrated  victory  over  Baron  Dieskau 
and  the  French  troops  at  Lake  George  in  1755. 


(^Chap.  i\. 


■'■  * 


l"''M 


practised  upon  tli«  Mohawks  in  his  ncighbourhooil. 
The  day  the  Governor  arrived,  he  was  presented  with 
two  Freiicli  scalps,  taken  near  Crown  Point;  and  on 
the  8th  August  Mr.  Johnson,  to  whom  Mr.  Clinton  had 
given  the  rank  of  Colonel,  entered  the  town  at  the 
head  of  the  Mohawks,  pajnted  and  dressed  in  their 
manner.  The  Governor  being  indisposed  at  the 
opening  of  the  conference,  it  was  left  to  Mr.  Golden 
to  deliver  a  speech  of  his  own  drafting;  and  in  his 
excuse  for  the  absence  of  Mr.  Clinton,  he  describes 
himself  to  the  Indians  as  the  next  person  in  the  adminis' 
tration,  for  Lieutenant  Governor  Clarke  having  gone 
to  England,  he  was  then  the  eldest  member  of  the 
Council.  He  reminded  them  of  the  antiquity  of  the 
covenant  chain,  and  that  one  intent  of  the  present  in- 
terview was  to  confirm  it.  He  informed  them  of  the 
French  attack  upon  Annapolis  Royal,  of  the  reduc- 
tion of  Louisburgh  in  resentment  for  that  injury,  of 
the  subsequent  incursions  of  the  enemy,  and  of  their 
promises  of  assistance ;  rebuked  their  inactivity ;  re- 
vealed the  design  to  attack  Canada,  on  this  side  by 
troops  from  this  and  the  western  colonies,  while  those 
to  the  eastward,  with  the  navy,  ascended  the  St. 
Lawrence.  For  exciting  the  savages  to  co-operate 
with  us,  and  r  li^e  r.:  ^  spread  their  fame  among  alt 
the  Indian  nati  >  h  alls  to  their  remembrance  the 
ancient  insuU?  their  fathers  had  received  from  the 
French  a.  n^ndaga,  Cadaracqui,  and  in  the  Seneca 
country,  lie  applauds  the  prowess  of  their  ances- 
tors in  the  invasion  of  Montreal,  inveighs  against 
their  listening  to  the  seducing  wiles  of  the  French 
priests,  and  then  requests  their  joining  with  us  in 
the  grand  enterprise  of  driving  all  the  French  out  of 
the  country  as  essential  to  their  and  our  safety. 

These  addresses  were, after  the  Indian  manner,divi- 
dedinto  short  paragraphs, andbeltsof wampums  given 
for  memorials.  A  Sachem,  on  the  delivery  of  every 
belt,  turning  to  each  tribe  utteried  the  word,  "yo-hay," 
do  you  hear.  They  answered,  and  when  the  war-belt 
was  given,  there  was  a  general  shout. 


^Clmp.  n. 

leighbourhood. 
presented  Willi 
I  Point ;  and  on 
Mr.  Clinton  had 
the  town  at  the 
IreHsed  in  their 
iispo8ed  at  the 
t  to  Mr.  Coldeu 
iig ;  and  in  his 
jn,  he  describes 
on  in  the  adminis- 
rke  having  gone 

member  of  the 

antiquity  of  the 
>fthe  present  in- 
ncd  them  of  the 
j1,  of  the  reduc- 
)rthat  injury,  of 
>my,  and  of  their 
sir  inactivity ;  re- 
,  on  this  side  by 
onies,  while  those 
iscended  the  St. 
ges  to  co-operate 
r  fame  among  all 
remembrance  the 
eceived  from  the 
and  in  the  Seneca 
88  of  their  ances- 

inveighs  against 
lea  of  the  French 
joining  with  us  in 
the  French  out  of 
id  our  safety, 
idian  manner,divi- 
of  wampums  given 

delivery  of  every 
lie  word,  "yo-hay," 
when  the  war-belt 
out. 


r 


B" 


^  \^  ^ 


"K^y  ^ 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


^ 

.*^^ 


u' 


CIHM/ICMH 

Microfiche 

Series. 


CIHIVl/ICMH 
Collection  de 
microfiches. 


Canadian  'nstituta  for  Historical  Microreproductions  /  Instltut  Canadian  de  microraproductions  historiquas 


wa*fS^^^?*5;"?W?^3'?'!™^'R°??^^?'^''^  ■' 


■«?"»P" 


Mr.  Clinton  appeared  the  next  day,  and  an  Onon- 
daga orator  replied  for  all  the  nations. 

They  promised  to  hold  fast  the  ancient  silver  chain- 
engaged  from  the  bottom  of  their  hearts  to  make  use 
of  the  hatchet  against  the  French  and  their  children 
(meaning  their  Indian  allies);  threw  down  a  war- 
belt  as  a  testimony  of  their  union,  and  recommended 
unanimity  among  all  the  colonies.  They  denied  that 
the  t  rench  priests  lulled  them  aslef  p,  declared  their 
abhorrence  ^  them,  and  that  the  remembrance  of 
the  cruelties  of  the  French  made  their  blood  boil. 
Ihey  gave  assurance,  that  they  would  send  in  their 
warriors,  with  some  from  the  Missisagacs,  a  nation  of 
fave  castles^and  eight  hundred  men  between  theLakes 
tjne  and  Huron,  who  were  represented  by  their  de- 
legates then  present. 

The  presents  from  the  Crown,  Virginia,  and  Mas- 
sachusetts Bay,  were  afterwards  distributed 

The  Governor  left  it  to  the  Six  Nations  to  give  a 
share  to  the  Missisagacs ;  intimated  his  discovery, 
that  certain  of  their  warriors,  being  in  Canada  when 
the  tidings  cf  the  reduction  of  Louisburgh  arrived, 
had  joined  the  French  for  the  defence  of  Quebec 
He  promised  arms,  clothing,  and  ammunition,  to  such 
as  would  now  go  out  in  the  British  service. 

After  they  had  delivered  the  presents,  they  hune 
on  the  war-kettle,  painted  themselves  as  in  theil 
wars,  and  danced  till  late  at  night.  They  perform- 
ed  this  singly,  in  a  slow  motion,  to  a  plaintive  tune. 

Une  of  the  Missisagacs's  deputies  died  at  Albany 
ot  the  small-pox ;  and,  towards  the  last  stage  of  his 
disease,  requested  the  Governor,  that  the  first  French 
scalp  taken  in  the  war  might  be  sent  to  his  mother, 
and  this  promised,  he,  without  reluctance,  resignec 
niraselt  to  death.  ° 

Mr.  Clinton,  about  the  same  time,  convened  and 
spoke  to  the  Mohendars,  under  which  name  are  com- 
prehended all  the  other  savages  near  this  part  of  the 
sea  coast,  and  on  the  banks  of  the  rivers  Hudson, 
Connecicut,  Delaware,  and  the  Susquehana:  to 
these  also,  a  set  of  dastardly  tribes,  he  gave  pro- 


■  'jMUfc  Wfcai  atnit^ 


-'m,  ij^tgjiw 


{Chap.H. 


senla  for  promises  which  they  never  meant  to  per- 
form. , .  ... 

There  were,  soon  after  this  congress,  such  insinua- 
tions of  the  scantiness  of  the  Governor's  gifts,  whe- 
ther true  or  false  cannot  be  determined,  that  he 
thought  it  requisite,  in  vindication  of  his  character,  to 
publish  an  account  of  the  treaty  and  transactions.  It 
was  written  by  Mr.  Golden;  but,  though  it  evinces 
the  propriety  of  the  speeches  to  draw  the  Indians 
into  the  war,  it  contained  no  list  of  th«»  articles  ac- 
tually distributed  among  the  pavag.  s,  and  wanting 
this  proof,  the  scandal  was  rather  confirmed  than  re- 
futed bv  that  incautious  publication 

Meeting  his  Assembly  again  in  October,  the  Go- 
vernor, now  guided  by  Mr.  Golden,  set  the  public 
wheels  in  motion  in  an  unusual  manner.  Being  in- 
disposed, he  sent  for  the  Speaker,  and,  through  him, 
laid  a  copy  of  his  speech  before  the  House.  They 
pronounced  this  mode  irregular  and  unprecedented; 
but  to  prevent  delay,  went  into  the  consideration  ot 
the  business  recommended. 

The  speech  complains  of  the  difficulty  he  had  to 
engage  the  savages  to  go  out  into  this  war;  ascribes 
the  ill  temper  of  the  Indians  to  neglect  or  misconduct 
in  the  management  of  their  affairs,  and  the  inefficacy 
of  the  design,  to  Mr.  Gooch's  decUning  the  service, 
the  non-arrival  of  the  fleet,  and  the  news  of  the  Brest 
squadron's  hovering  on  the  coast  of  Nova  Scotia  with 
many  land  forces.    Having  given  orders  for  a  winter 
camp  in  the  north,  and  the  erection  of  more  small 
fwts,  the  Gorernor  demanded  further  supplies  for 
those  purposes,  as  well  as  the  management  of  Indian 
affairs.     He  reprobates  all  parsimony  as  real  prodi- 
gality at  this  juncture.     His  persuasions  to  harmony 
excited  to  discord.     He  hinted  that  distrusts  were 
often  aggravated  by  artful  designing  men ;  and  in- 
sisted that  every  branch  of  the  Legislature  should 
act  within  its  own  limits,  according  to  the  model  of 
the  British  constitution,  adding,  at  the  close,  "  that 
when  unhappy  differences  have  arisen  in  our  mother 
country,  from  an  imprudent  or  wanton  stretch  of 


[Chap.n. 

eant  to  per- 

iuch  insinua- 
s  gifts,  whc- 
led,  that  he 
character,  to 
msactions.  It     • 
rh  it  evinces 
'  the  Indians 
«»  articles  ac- 
aiid  wanting 
'med  than  re-  • 

»ber,  the  Go- 
et  the  public 
er.  Being  in- 
,  through  him, 
louse.  They 
iprecedented ; 
)nsideration  of 

ilty  he  had  to 
war;  ascribes 
or  misconduct 
the  inefficacy 
g  the  service, 
vs  of  the  Brest 
•va  Scotia  with 
rs  for  a  winter 
of  more  small 
sr  supplies  for 
ment  of  Indian 
as  real  prodi- 
.ns  to  harmony 
distrusts  were 
men;  and  in- 
slature  should 
o  the  model  of 
!  close,  "that 
.  in  our  mother 
iton  stretch  of 


1746.]     '  W 

power  in  any  one  of  the  parts  of  government,  a  cure 
has  been  attempted  by  throwing  an  over-measure  of 
that  power  into  some  other  part,  by  which  the  ba- 
lance between  the  several  parts  of  government  has 
been  destroyed.  The  cure  became  worse  than  the 
disease,  whereby  confusion  and  calamity  always  en- 
sued, till  the  balance  was  again  restored.  I  am  told 
that  something  of  the  like  nature  has  more  than  once 
happened  in  this  government.  Let  us,  then,  guard 
against  such  mischiefs  ;  and  let  us  resolve  to  show, 
by  our  actions  as  well  as  by  our  words,  that  we  un- 
derstand and  love  the  English  constitution,  and  there- 
by convince  each  other  of  the  sincerity  of  our  inten- 
tions for  the  good  of  our  country ;  and  then,  I  make 
no  doubt,  all  of  us  shall  enjoy  the  pleasures  which 
necessarily  arise  from  the  good  effects  of  such  a  re- 
solution." 

The  Assembly  voted  six  thousand  five  hundred 
pounds  for  victualling  the  troops  in  their  winter  quar- 
ters, and  two  hundred  more  to  transport  the  provi- 
sions to  Albany,  but  would  not  provide,  in  future,  for 
the  militia  detachments  of  May  and  June. 

The  Governor,  to  whom  the  address  was  present- 
ed, took  the  hint,  that  the;-  did  not  mean  to  pay  for 
the  land-carriage  from  Albany ;  and,  therefore,  in- 
sisted that  this  expense  should  be  provided  for.  The 
volunteers  amounted  to  thirteen  hundred  and  eighty 
men.  He  said  there  were  one  hundred  and  eighty 
men  without  their  bounty  money,  and  requested  blan- 
kets both  for  them  and  part  of  the  King^s  indepen- 
dent companies,  who  were  to  join  the  little  army  on 
the  northern  frontier. 

The  flame  soon  broke  out.  The  Assembly  turned 
their  attention  to  the  civil  list ;  for  the  year  voted 
only  the  deficient  bounty  money,  and  ordered  a  re- 
presentation to  be  drawn  up  in  answer  to  the  Gover- 
nor's speech  and  message,  and  a  bill  to  be  brought 
in  to  raise  two  thousand  two  hundred  and  fifty  pounds 
by  lottery,  towards  erecting  a  CoUoge.* 

■■>•  23d  October  1716. 


?:'<: 


f     i.. 


1 


.■affj^tr'' '  ■  I »    «     >■ 


«  III  ^iiTwiUPiB  I  pill 


IWHil    llll  I  »»pi|W     ■  W        i{i 


■■••••■WMP""^" 


88 


[Chap.  ir. 


On  Wednesday,  the  2'Uh  of  October,  they  ad- 
journed, without  leave,  to  Friday,  then  to  Monday, 
and  the  day  afler  received,  approved,  engrossed,  and 
sent  to  the  Governor  a  representation  reported  by 
Colonel  Philipse,  Colonel  Morris,  Colonel  Schuyler, 
Mr.  David  Clarkson,  and  Mr.  Henry  Cruger. 

It  is  to  be  observed,  that  while  this  instrument  was 
preparing,  advice  arrived  from  Albany,  that  Henry 
Holland,  the  Sheriff  of  that  county,  by  order  of  Col. 
Roberts,'*^  had  broke  into  the  Commissioners'  store- 
houses, and  taken  out  the  provisions  entrusted  to  their 
care  for  the  use  of  the  army. 

The  representation  of  the  Assembly,  afler  de- 
claring their  ignorauce  of  the  bad  disposition  of 
the  Indians  and  the  authors  of  it,  sullenly  observed, 
that  they  last  year  provided  for  his  voyage  to  a  trea- 
ty with  them,  and  that  he  and  those  he  employed  can 
best  tcU  what  service  it  had  answered. 

I'hey  professed  their  willingness  to  inquire  into  the 
neglect  or  misconduct  of  the  Indian  affairs,  and  for 
that  end,  they  asked  for  the  correspondence  upon 
this  subject  between  him  and  others  since  his  ar- 
rival. 

They  disapproved  of  his  winter  camp,  intimating 
their  apprehensions  that  deaths  and  desertions, 
through  the  severity  of  the  weather,  would  frustrate 
the  King's  design  of  any  expedition  to  Canada  the 
next  year. 

They  boasted  of  further  contributions  to  it  than  the 
King  expected,  and  then  alleged  that  they  are  at  a 
loss  to  discover  the  meaning  of  bis  dissuading  from 
parsimony,  a  term  not  so  much  ao  once  mentioned  in 
their  House. 

They  are  surprised  at  his  opinion,  that  the  Legis- 
lature are  not  in  perfect  harmony.  They  are  apprised 


*  An  officer  of  one  of  the  independent  companies,  now  raised  by  Mr. 
Clinton  to  the  rank  of  Colonel  in  the  intended  expedition.  He  had  been 
a  Cornet  of  horse  at  the  accession  of  Georg'e  the  first,  and  was  connectedi 
by  his  first  marriage,  to  the  Earl  of  Halifax.  His  second  wife  was  a  daugh- 
ter of  that  Mr.  Harison  who  had  so  deep  a  share  in  the  feuds  of  Cosby  and 
Van  Dam. 


[(Jhap.  II. 

er,  they  ad- 
i  to  Monday, 
igrossed,  and 
reported  by 
nel  Schuyler, 
jger. 

strument  was 
,  that  Henry 
order  of  Col. 
loners'  store- 
usted  to  their 

►ly,  after  de- 
disposition  of 
tily  observed, 
age  to  a  trea- 
employed  can 

iquire  into  the 
fairs,  and  for 
pndence  upon 
1  since  his  ar- 

ip,  intimating 
desertions, 
ould  frustrate 
Canada  the 

s  to  it  than  the 

they  are  at  a 

ssuading  from 

mentioned  in 

lat  the  Legis- 
are  apprised 


|dow  raised  by  Mr. 
Hehadbeea 
ad  was  connected, 
1  wife  wasadaugh- 
s  of  Cosby  and 


1746.]  m 

of  the  necessity  of  it ;  tliink  themselves  capable  of 
guarding  against  the  private  views  of  artful  and  de- 
signing men,  and  would  be  sorry  any  such  should  pre- 
viiil  on  him  to  disturb  the  harmony  necessary  to  ihe 
general  preservation ;  that  if  any  persuasion  excited 
his  distrust  of  the  Legislature  at  this  juncture,  they 
affirm  that  they  are  not  friends  to  the  country,  but  men 
of  sinister  views. 

They  confessed  that  differences  have  formerly  hap- 
pened, but  they  were  thought  *o  arise  rather  from 
bad  advice  to  Governors  than  wantonness  in  the  peo- 
ple, and  ought  to  serve  as  land-marks  to  avoid  the 
like  evils.  They  affirm,  that  upon  the  communication 
of  the  Duke  of  Newcastle's  letter  they  provided  for 
victualling  the  troops,  and  gave  eight  pounds  bounty 
with  a  blanket  to  each  volunteer,  and  never  intended 
their  Commissioners  should  deliver  out  the  subsis- 
tence at  Albany ;  that  the  circumstances  of  the  co- 
lony (of  which  they  were  the  most  competent  judges) 
would  not  admit  of  any  further  step,  and  beyond  this 
they  meant  not  to  go. 

The  Governor  wno,  when  Mr.  Gooch  declined  his 
appointment,  acted  in  his  siead  in  the  direction  of 
the  troops  intended  for  Canada,  had,  before  he  left 
Albany,  ordered  the  Commissioners  to  deliver  out 
provisions  to  the  four  independent  companies,  de 
tined  with  others  to  the  carrying  place  above  Sara- 
toga on  the  route  to  the  French  fort  at  Crown  Point. 
Colonel  Roberts  had  the  command  to  require  an 
unlimited  quantity  of  provisions  for  the  Whole 
party,  and  to  surmount  the  refusal  of  the  Commis- 
sioners, gave  an  order  on  Mr.  Holland  to  impress  pro- 
visions for  fourteen  hundred  men  for  two  months.  It 
has  been  before  observed,  that  a  law  was  passed  au- 
thorizing the  impress  of  artificers ;  it  extended  to 
horses,  waggons,  and  other  things  necessary  for  the 
success  of  the  expedition,  and  IVfr.  Clinton  had  left  a 
warrant  with  Holland,  the  sheriff,  for  carrying  it  into 
execution.  Provisions  had  been  demanded  for  one 
liundred  and  thirty  men  more  than  were  in  service. 

12 


"^■o 


90 


[Chap.  If. 


and  three  companies  had  aheady  drawn  out  their 
quota. 

The  House  considered  the  Governor,  therefore,  as 
in  the  scheme  of  forcing  the  transportation,  the  ex- 
pense of  which  they  had  refused  to  defray,  and  the 
rather  because  Doctor  Golden,  when  at  Albany,  had 
insisted  upon  it,  menacing  the  Gommissioners  if  they 
did  not  comply. 

Hence  the  clamors  in  the  country,  the  prognostica- 
tions in  the  Governor's  message,  and  the  severities  of 
the  representation,  though  it  was  four  days  afterwards 
that  the  House  resolved,  that  the  Governor  was  ill 
advised  in  granting  the  warrant  for  the  subsistence  of 
the  King's  independent  fusileers ;  that  the  Commis- 
sioners obeyed  the  law  in  refusing  to  comply  with  it ; 
that  Colonel  Robert's  order  was  arbitrary  and  ille- 
gal ;  that  the  breaking  open  the  stores  was  a  viola- 
tion of  the  rights  and  liberties  of  the  subject ;  and 
that  Golden,  Roberts,  and  Holland,  were  guilty  of 
high  crimes  and  misdemeanors  j  and  that  it  would  be 
in  vain  to  furnish  provisions  for  subsisting  the  forces 
in  the  expedition  against  Canada,  until  assurances 
were  given  that  an  effectual  stop  should  be  put  to 
such  proceedings;  and  an  order  was  made  for  re- 
questing the  Governor's  command  to  the  Attorney 
General  to  prosecute  the  delinquents. 

Mr.  Clinton's  message  of  the  1 0th  of  November, 
in  answer  to  the  representation  of  the  fifth,  contribu- 
ted nothing  to  the  extinguishment  of  these  discon- 
tents. Displeased  with  i.he  Commissioners  of  Indian 
affairs,  he  charges  the  untowardness  of  the  savages 
upon  them,  as  traders  with  them ;  promises  to  give 
orders  to  the  Secretary  for  that  business  to  prepare 
copies  of  the  correspondence ;  expresses  high  disap- 
probation at  the  public  testimony  of  their  dissatisfac- 
tion with  his  winter  camp,  as  countenancing  a  con- 
tempt of  orders,  and  the  printing  it  without  waiting 
for  his  ansvver;  and  threatens  to  complain  to  the 
King  of  the  difficulties  he  had  passed  through  in  the 
last  six  months ;  and  with  respect  to  the  resolves  of 
tlie  8th  be  observes,  in  another  message  of  the  24th, 


—   ■     ■WlUfH* 


[Chap.  1[. 

iwn  out  thch" 

r,  therefore,  as 
ation,  the  ex- 
lefray,  and  the 
it  Albany,  had 
sioners  if  they 

le  prognosticn- 
lie  severities  of 
lays  afterwards 
jvernor  was  ill 
3  subsistence  of 
t  the  Commis- 
pomply  with  it ; 
itrary  and  ille- 
Bs  was  a  viola- 
e  subject;  and 
were  guilty  of 
ihat  it  would  be 
sting  the  forces 
ntil  assurances 
ould  be  put  to 
s  made  for  re- 

0  the  Attorney 

• 

1  of  November, 
J  fifth,  contribu- 
f  these  discon- 
ioners  of  Indian 

of  the  savages 
iromises  to  give 
ness  to  prepare 
sses  high  disap- 
Iheir  dissatisfac- 
bnancing  a  con- 
[without  waiting 
lomplain  to  the 
1  through  in  the 
the  resolves  of 
ige  of  the  24th, 


J746.J 


91 


for  the  vindication  of  his  own  measures  and  to  wipe 
off  aspersions  upon  others,  that  the  troops  at  Albany, 
by  concert  between  himself,  Mr.  Shirley,  and  Mr. 
Warren,  were  destined  against  Canada ;  that  he  add- 
ed to  them  a  part  of  the  independent  companies ; 
that  the  new  levies,  who  they  had  agreed  to  supply 
with  provisions,  were  at  first  sixteen  hundred  men, 
exclusive  of  commission  officers ;  that  these,  by  de- 
sertions and  disease,  were  reduced  to  fourteen  hun- 
dred, including  the  officers ;  that  he  could  not  ima- 
gine it  disagreeable  to  them  that  he  supplied  the  de- 
fect of  two  hundred  out  of  the  independent  compa- 
nies ;  that  when  he  issued  the  orders  to  march,  he 
sent  Major  Clarke  to  the  Commissioners  with  assur- 
ances that,  if  the  Assembly  disapproved  of  the  sup- 
plies, he  would  replace  the  quantum ;  that  the  form 
of  the  warrants  they  complained  of  are  settled  in 
Council ;  that  he  authorized  Doctor  Colden^s  request 
to  the  Commissioners  for  transporting  and  delivering 
out  the  provisions  to  the  Captains,  and  on  their  ob- 
jecting, to  engage  payment  for  the  expense  of  the 
carriage,  and  that  if  they  refused  this,  to  intimate 
his  intention  to  appoint  other  Commissioners ;  that 
Mr.  Colden  reported  their  consent,  and  Mr.  Cuyler, 
one  of  them,  confirmed  it. 

He  then  refers  them  to  the  minutes  of  a  council  of 
war,  held  at  Albany  by  Colonel  Roberts,  Colonel 
Marshal,  Major  Clarke,  and  Major  Rutherford,  on  the 
16th  October,  at  which  Colonel  Roberts  presided, 
showing  that,  after  Mr.  Clinton  left  Albany,  Mr.  Cuy- 
ler refused  to  transport  the  provisions,  assigning  the 
want  of  money  as  his  reason,  or  to  appoint  a  Com- 
missary to  deliver  them  out,  if  they  were  transported 
by  the  army;  nor  would  he  deliver  them  at  Albany 
to  any  Commissioner  or  Quarter-master,  though  Col. 
Roberts  promised  to  be  accountable  and  to  produce 
the  Captains'  receipts,  insisting,  that  the  letter  of 
the  act  required  the  Commissioners  to  deliver  them, 
only  to  the  Captains. 

That  the  council  then  considering,  that  the  Cap- 
tains could  not  find  separate  store-houses  on  the 


i'       ';• 


r      fil 


mim^fmimf' 


92  [Chap.  II. 

frontiers,  nor  could  their  services  in  scouting  parties 
enable  them  to  preserve  the  provisions  from  waste, 
he  advised  Col.  Koherts  to  impress  their  provisions, 
give  a  receipt  for  them,  appoint  a  Commissary  to  be 
recommended  by  the  Commissioners  to  issue  them 
out ;  and  that  such  conduct  was,  in  their  opinion,  not 
inconsistent  with  the  intent  of  the  act  of  Assembly, 
and  that,  without  it,  the  expedition  for  guarding  the 
frontiers  would  be  neglected. 

The  Governor  added,  that  he  thought  himself  in 
the  line  of  his  duty  in  ordering  the  march ;  the  coun- 
cil right  in  their  advice  from  the  great  law  of  neces- 
sity, and  that  neither  Roberts  or  Holland  were  to 
blame ;  that  he  could  not,  therefore,  give  any  orders 
for  prosecuting  them. 

He  promised  to  assist  in  the  discovery  of  embezzle- 
ments, if  any  there  had  been,  and  for  obtaining  jus- 
tice to  be  done  to  the  colony,  and  that  the  provisions 
impressed  should  be  accounted  for.  He  urged  them 
to  change  ihe  Commissioners  for  others  less  inclined 
to  embarrass  the  service,  obliquely  impeaches  them 
for  deficiencies  of  rum;  and,  afler  censuring  their 
freedoms  with  persons  in  his  and  Doctor  Colden^s 
stations,  remarks,  that  their  resolves  deserve  their 
most  serious  consideration. 

The  House  resolved  this  answer  unsatisfactory ; 
that  whoever  advised  or  endeavoured  to  create  jeal- 
ousies and  encourage  a  breach  of  the  laws  were  ene- 
mies to  the  constitution ;  that  they  would  grant  no 
more  supplies  while  such  notorious  abuses  were  com- 
mitted ;  but  that  upon  proper  assurances  of  redress, 
they  would  grant  further  aids  for  the  subsistence  of 
the  troops. 

The  Governor  alarmed,  asked  for  the  sustenance 
of  the  troops,  agreeable  to  their  engagements,  pro- 
mising that  what  had  been  experienced  should  not 
happen  agair),  and  that  exact  accounts  of  the  con- 
sumption should  be  kept  and  laid  before  them ;  and 
lo  divert  their  attention  froni  the  last  object,  made 
new  requisitions  to  pay  tor  female  scalps;  smiths 
among  the  Senecas  and  Onondagas ;  arrearages  for 


^mm 


[Chap.  II. 

)nliiig  parties 
8  I'rom  waste, 
lir  provisions, 
missary  to  be 
lo  issue  them 
ir  opinion,  not 
of  Assembly, 
guarding  the 

ght  himself  in 
•ch;  thecoun- 
law  of  neces- 
lland  were  to 
ive  any  orders 

■y  of  embezzle- 
'  obtaining  jus- 
the  provisions 
He  urged  them 
rs  less  inclined 
ipeaches  them 
:e~.8uring  their 
octor  Colden's 
deserve  their 

nsatisfactory ; 
to  create  jeal- 
aws  were  ene- 
vould  grant  no 
uses  were  com- 
ces  of  redress, 
subsistence  of 

the  sustenance 
igements,  pro- 
sed should  not 
lUs  of  the  con- 
ore  them ;  and 
t  object,  made 
scalps;  smiths 
arrearages  for 


J746.] 


93 


provisions  at  Oswego,  and  the  repairs  of  the  fort  at 
Albany.  But,  unwilling  to  prolong  the  session,  they 
postponed  these  considerations,  and  were  prorogued 
on  the  6th  of  December,  when  thirteen  acts  received 
the  Governor's  assent.  Care  was  taken  to  prevent 
desertions  from  the  army,  to  raise  the  taxes,  to  main- 
tain a  military  watch  in  Albany,  to  keep  up  the  mili- 
tia, provide  winter  subsistence  for  the  troops,  sup- 
port the  civil  list  for  a  year,  and  raise  two  thousand 
two  hundred  and  fifty  pounds  by  lottery  for  founding 
a  College,  a  project  early  in  the  eye  of  the  patrons 
of  the  public  school,  formerly  trusted  to  the  care  of 
Mr.  Malcolm,  favored  by  the  pupils  of  that  institution 
now  rising  to  manhood,  and  forced  by  a  general  spi- 
rit of  emulation  on  discovering  the  sundry  advantages 
our  youth  bad  acquired  by  an  academical  education 
in  Great  Britain  and  Ireland,  but  chiefly  at  the  neigh- 
bouring Colleges  of  New  England. 

The  author  observed  in  the  first  records  of  the 
colony  of  New  Haven  (vulgarly  called  the  Blue- 
laws*),  that  this  was  an  object  of  the  very  first  ad- 


*  A  note  ought  not  to  be  luppreHcd  respectinr  tbeie  records,  to  correct 
a  Toice  of  misplaced  ridicule.  Few  there  are  who  speak  of  the  blue-Uwt 
(a  title  of  the  origin  of  which,  the  author  was  ignorant)  who  do  not  imagine 
they  form  a  code  of  rules  for  future  conduct,  drawn  up  by  an  enthusiastic, 
precise  set  of  religionists ;  and  if  the  inventions  of  wits,  humorists,  and 
buffoons  were  to  be  credited,  thej  must  consist  of  mnny  lai^g^e  rolumes. 
The  author  had  the  curiosity  to  resort  to  tliem,  when  the  Commissaries 
met  at  New  Haven  for  adjusting  a  partition  line  between  New- York  and 
the  Massachusetts  in  1767,  and  a  parchment-'"' ve.ed  book  of  demy  royal 
paper  was  handed  him  for  the  laws  asked  for,  as  the  only  volume  in  the  of- 
fice  passing  under  this  odd  title.  It  contains  the  memorials  of  the  first  es- 
tablishment of  the  colony,  which  consisted  of  persons  who  had  wandered 
beyond  the  limiu  of  the  old  charter  of  the  Massachusetts  Bay,  and  who,  as 
yet  unauthorized  by  the  Crown  to  set  up  any  civil  government  in  due  form 
of  law,  reiolred  to  conduct  themselves  by  the  Bible.  As  a  necessary  con- 
sequence, the  Judges  they  chose  took  up  an  authority  similar  to  that  which 
every  religious  man  exercises  over  his  own  children  and  domestics,  flence 
their  attention  to  the  morals  of  the  people  in  instances  with  whir>;  the  civil 
magistrate  can  never  intermeddle,  under  a  regular  well-poiioed  constitu- 
tion—because, to  preserve  liberty,  they  are  cognizable  only  by  parental 
authority.  The  Select  Man,  under  the  blue-laws,  found  it  his  duty  to  pu- 
nish every  contravention  to  the  decorum  enjoined  by  the  broad  command- 
ments of  Heaven.  The  good  men  and  good  wives  of  the  new  society  were 
admonished  and  fined  for  liberties  daily  corrected,  but  never  made  criminal 
by  the  laws  of  large  and  well-poised  communities ;  and  so  far  is  the  com- 


94 


[Chap.  If. 


venturers  in  that  country,  long  belbre  their  charter, 
uniting  that  and  the  Hartford  colony,  was  obtained. 
The  inhabitants  of  New  Haven  (to  whose  honor  be 
it  mentioned)  raised  a  large  sum  to  begin  the  institu- 
tion within  five  or  six  years  from  the  date  of  their  In- 
dian purchase  of  that  town,  then  called  Quinipiack. 
It  was  from  this  seminary  that  many  of  the  western 
churches  in  New- York  and  New-Jersey  were  after- 
wards furnished  with  their  English  Clergymen.  Mr. 
Smith  who  was  a  tutor  and  declined  the  Rector's 
chair  of  Yale  College,  vacant  by  the  removal  of  Dr. 
Cutler,  was  the  first  lay  character  of  it,  belonging  to 
the  colony  of  New-York.  Their  numbers  multiplied 
some  years  afterwards,  and  especially  when,  at  his 
instance,  Mr.  Philip  Livingston,  the  second  proprie- 
tor of  the  manor  of  that  name,  encouraged  that 
academy  by  sending  several  of  his  sons  to  it  for  their 
education. 

To  the  disgrace  of  our  first  planters,  who  beyond 
comparison  surpassed  their  eastern  neighbours  in 
opulence,  Mr.  Delancey,  a  graduate  of  the  University 
oi  Cambridge,  and  Mr.  Smith,  were,  for  many  years, 
the  only  academics  in  this  province,  except  such  as 
were  in  holy  orders ;  and  so  late  as  the  period  we 
are  now  examining,  the  author  did  not  recollect  above 
thirteen  more,  the  youngest  of  whom  had  his  bache- 
lor's degree  at  the  age  of  seventeen,  but  two  months 
before  the  passing  oi  the  above  law,  the  first  towards 
erecting  a  College  in  this  colony,  though  at  the  dis- 
tance of  above  one  hundred  and  twenty  years  after 


tnon  idea  of  the  blue-laws  being  a  collection  of  rules  from  being  true,  that 
they  are  only  records  of  convictions,  consonant,  in  the  judgipent  of  the 
magistrates,  to  the  word  of  God  and  dictates  of  reason.  The  prophet, 
priest,  and  king,  of  this  infant  colony,  was  that  Davenport  who  was  in  such 
consideration  as  to  be  sent  for  to  the  Assembly  of  Divines  at  Westminster, 
'  in  settling  the  religion  of  the  English  and  Scotch  nations.  These  remarks 
were,  by  the  author,  communicated  to  Mr.  Hutchinson  of  Boston,  then  one 
of  the  Commissaries,  and  to  other  gentlemen  of  eminence  in  the  colony 
and  of  the  very  town  of  New  Haven,  who  heard  them  as  novelties, 
nor  would  the  former  adopt  them,  till  he  had  recourse,  the  ne»t  day, 
to  the  records  themselves.  The  author  speaks  onlv  of  those  at  New 
Haven. 


'  mmmtt^^m^ 


[Chap.  11. 

Iicir  charter, 
m»  obtained, 
jse  honor  be 
in  the  institu- 
:e  of  their  In- 
1  Quinipiack. 
r  the  western 
y  were  after- 
rgymen.     Mr. 

the  Rector's 
jmoval  of  Dr. 
,  belonging  to 
ers  muUiplied 

when,  at  his 
cond  proprie- 
;ouraged  that 
3  to  it  for  their 

J,  who  beyond 

neighbours   in 

the  University 

)r  many  years, 

jxcept  such  as 

the  period  we 

jcolfect  above 

jad  his  bache- 

|ut  two  months 

le  first  towards 

^  I  at  the  dis- 

ity  years  after 


irom  being  true,  that 

the  judgnpent  of  the 

SOD.    The  prophet, 

>rt  who  was  in  such 

at  Westminster, 

These  remarks 

I  of  Boston,  then  one 

Lence  in  the  colony 

them   as  novelties, 

jrse,  the  next  day, 

Iv  of  those  at  New 


17 16-47.  J 


n 


its  discovery  and  the  sctllcnieiil  uf  the  capital  by 
Dutch  progenitors  from  Amsterdam.* 

The  Assembly  being  convened  again  in  the  spring 
of  the  next  year,  Mr.  Clinton,  in  his  speech  of  the 
2.5th  of  March,  observed,  that  the  late  provision  for 
the  levies  extended  only  to  the  1st  of  May ;  that  he 
had  secured  the  Six  Nations  without  any  charge  to  the 
colony,  and  had  hopes  of  drawing  some  of  the  re- 
mote savages  into  an  alliance,  and  tor  this  purpose 
he  required  supplies  to  be  distributed  in  presents ; 
that  agreeable  to  a  concert  with  Mr.  Shirley,  two 
forts  were  intended  to  be  erected  at  the  portage  on 
the  route  to  Crown  Point,  to  favor  the  expedition  to 
Canada,  for  which  the  King's  orders  were  daily  ex- 
pected ;  that  no  money  being  sent  from  England, 
and  the  Council  of  this  colony  and  the  Commis- 
sioners from  the  Massachusetts  liaving  proposed  to 
prosecute  the  expedition  at  the  immediate  expense 
of  the  colonies,  in  certain  rates  there  stated,  he  im- 
portuned them  for  their  concurrence  and  proportion ; 
and  by  a  message  he  also  desired  a  provision  for 
scouting  parties,  to  be  kept  up  while  the  army  went 
forward  on  the  main  design. 

Bent  upon  renewing  the  hostilities  of  the  last  ses- 


•  The  persons  alluded  to,  were — 
ISIeisrs.  Peter  Van  Brugh  Livingston,     Messrs.  William  Peartree  Smith, 
John  Livingston,  Caleb  Smith, 

Philip  Livingston,  Benjamin  Woolsey, 

William  Livingston,  William  Smith,  Jun. 

William  NicoU,  John  McEvers, 

Benjamin  Nicoll,  John  Van  Home. 

Ilendrick  Hansen, 
These  being  then  in  the  morning  of  life,  there  was  no  academic  but  Mr. 
Delancey  on  the  bench,  or  in  either  of  the  three  branches  of  the  Legisla- 
ture ;  and  Mr.  Smith  was  the  only  one  at  the  bar.  Commerce  engrossed 
the  attention  of  the  principal  families,  and  their  sons  were  usually  sent  from 
the  writing  school  to  the  counting-house,  and  thence  to  the  West  India 
islands — a  practice  introduced  by  the  persecuted  refugees  from  France, 
who  brought  money,  arts,  and  manners,  and  figured  as  the  chief  men  in  it, 
—almost  the  only  merchants  in  it  from  the  commencement  of  this  century 
until  the  distinction  between  them  and  others  was  lost  by  death  and  the 
inter-communion  of  their  posterity  by  marriage  with  the  children  of  the 
first  Dutch  stock  and  the  new  emigrants  from  Great  Britain  and  Ireland. 
The  French  Church  of  New- York  contained,  before  their  divisions  in 
1724,  nearly  all  the  French  merchants  of  the  capital. 


imm 


■111 


06 


[Chap.  H. 


! 


' 


sion,  they  did  not  vote  any  address,  and  resolving  not 
to  recede  from  the  declaration  that  they  would  not 
transport  the  provisions  from  Albany,  they  agreed  to 
victual  their  levies  for  three  months,  and  pay  for  one 
iiundred  scouts,  and  only  to  pay  one  hundred  and  fifty 
pounds  for  the  expenses  of  his  journey  to  the  intend- 
ed Indian  convention. 

The  enemy  were,  at  that  time,  ravaging  the  fron- 
tiers and  practising  most  merciless  acts  of  cruelty. 
The  House  to  make  a  handle  of  a  pathetic  petition 
presented  to  them,  and  for  embarrassing  and  calum- 
niating the  Governor,  asked  one  hundred  men  out  of 
the  little  army  destined  to  Canada  for  scouring  the 
woods,  offering  every  private  a  shilling  per  day  be- 
yond the  pay  of  the  Crown,  and  introducing  it  with 
a  recital,  that  the  levies  were  victualled  at  a  very 
great  expense,  and  had  been  hitherto  unemployed ; 
and  to  raise  the  popular  outcry  the  higher,  they  .be- 
sought him  to  pass  the  bill  providing  for  the  hundred 
rangers  to  which  the  Council  had  consented  eight 
days  before,  intimating  that  they  would  then  do  no- 
thing more,  and  desiring  a  recess. 

The  Governor  thought  himself  compelled,  for  his 
vindication,  to  inform  them,  that  when  last  at  Albany 
he  could  not  engage  a  man  to  range  the  woods  un- 
der the  wages  of  three  shillings  per  day,  with  provi- 
sions besides ;  that  their  ofTcr  of  one  shilling  was, 
therefore,  no  motive  for  their  acting  in  that  service, 
and  if  they  agreed  to  it,  the  House  had  made  no  pro- 
vision for  their  officers ;  that  he  had  engaged  the  Six 
Nations  at  the  sole  expense  of  the  Crown,  who  also 
bore  all  the  other  charges  of  the  army  except  provi- 
sions ;  that  parties  of  Indians  and  the  new  levies  bad 
been  employed  in  divers  excursions  ;  that  when  the 
expedition  to  Canada  was  laid  aside  for  the  year,  he 
ordered  a  camp  to  be  fortified  at  the  carrying  place, 
that  from  thence  they  might  intercept  parties  from 
Crown  Point,  and  by  collecting  magazines  there,  for- 
ward the  intended  services  of  the  present  year  against 
Canada ;  that  this  design  was  obstructed  by  the  late 
obstacles  respecting  the  issuing  provisions,  till  the 


irj|.<iiii«ij»»i»,iju»i«l''-<i'W'»U.i'il>;iP.. ' 


lUUP    I  WH    i»i>i. 


[Chap.  II. 

and  resolving  not 
it  they  would  not 
^,  they  agreed  to 
,  and  pay  for  one 
hundred  and  fifty 
ley  to  the  intend- 

eivaging  the  fron- 
i  acts  of  cruelty, 
pathetic  petition 
ssing  and  calum- 
ndred  men  out  of 
for  scouring  the 
ling  per  day  be- 
troducing  it  with 
ualled  at  a  very 
rto  unemployed; 
higher,  they  .be- 
r  for  the  hundred 
consented  eight 
ould  then  do  no- 

>mpelled,  for  his 
;n  last  at  Albany 
ye  the  woods  un- 
•  day,  with  provi- 
)ne  shilling  was, 
^  in  that  service, 
lad  made  no  pro- 
1  engaged  the  Six 
Grown,  who  also 
my  except  provi- 
le  new  levies  bad 
9 ;  that  when  the 
s  for  the  year,  he 
s  carrying  place, 
;ept  parties  from 
azines  there,  fer- 
isent  year  against 
ucted  by  the  late 
rovisions,  till  the 


1747.] 


m 


frost  compelled  them  to  winter  at  Saratoga;  that  he 
had  posted  a  part  of  the  army  in  the  Mohawks'  coun- 
try, others  at  and  beyond  Schenectady,  three  compa- 
nies at  Schaghticoke,  four  at  Half  Moon,  two  at  Nis- 
kyuna,  and  others  at  Albany,  leaving  a  force  at  Sara- 
toga—" so  that  there  were  garrisons  in  a  line  from 
east  to  west,  across  the  northern  frontier,  in  every 
place  where  they  could  be  placed  in  safety  during 
Uie  winter  season;"   that  there  were  otheif  place! 
where  forts  ought  to  have  been  erected,  but  that  he 
could  not  put  that  charge  upon  the  Crown,  they  them- 
selves  not  thinking  them  necessary  for  their  own  safe- 
ty;  that  to  keep  the  enemy  at  home,  he  had  sent  out 
parties  of  the  Mohawks  against  their  borders;  that 
his  project  of  a  fort  at  the  carrying  place  was  ap- 
proved  of  by  Mr.  Shirley,  and  some  ohhe  neighboV- 
mg  colonies  were  willing  to  contribute  to  it,  if  the 
Assembly  of  this  colony  would  set  the  example,  and 
when  he  urged  their  concurrence  he  had  avoided  all 
ground  tor  tresh  controversy. 

He  proceeds  then  to  complain  of  their  declining 

tlAVT^'^^y  ^*P^"f  ^«''  ^^^  <^ommon  security, 
and  of  their  disrespectful  behaviour  which  obliged 
him,  as  he  says,  «  from  that  common  justice  which 

wh17hT  ''"'•^'  t\^'T.f  '  *«  ^P^^k  *>»*  some  things 
which  otherwise  I  should  have  thought  proper  to  cot 

That  the  principal  traders  and  richest  men  in  Al- 
bany  do  not  wish  well  to  an  expedition  against  Ca- 
nada,  from  an  attachment  to  a  trade  with  that  coun- 

oKfteT*      ^  '       '  """^  ''^'''^  ^''  ^""^  ^«'^^t"^"y 
To  this  he  ascribes  his  difficulties  with  the  Indians, ' 
and  a  message  from  the  Governor  of  Canada  per- 
buadmg  the  savages  to  a  neutrality,  and  promising 

Delancev'a  father    iifij''""'  *«^*'°''  *  petition  promoted  by  Mr. 
through  LLeCramoll  ^''l'  '^'l'""'t»g««  ^7  the  Indian  ^rade 


tiW- 


f 


V\ 


...  u 


r  *t"-  vmmi.  p*iiii 


■   i»iW'ii»Pi»'*rr"nr~ 


98 


[Chap.  H. 


from  his  pity  of  iheir  brethren  at  Albany  to  turn  his 
Indians  on  their  most  inveterate  enemies  of  New 
England. 

Ho  then  reminds  them,  that  before  the  late  negro 
plot  information  was  given  of  Popish  emissaries,  and 
that  ho  suspects  thom  among  us,  working  upon  men  of 
wrong  heads,  violent  passions,  and  desperate  for- 
tunes, as  had  been  tlio  case  in  the  late  Scotch  re- 
bellion. 

He  shows  the  danger  of  false  insinuations  to  raise 
jealousies  among  tlie  people  of  their  rulers  and  Go- 
vernors ;  asks,  with  what  truth  it  can  be  said  the  new 
levies  have  been  hitherto  unemployed,and  suggestions 
publicly  hinted  of  his  neglectof  duty.f*  and  promises  an 
answer  to  their  request  for  a  recess,  when  he  knows 
their  resolution  to  take  care  of  the  colony. 

They  formed  themselves  into  a  committee  of  the 
whole  House,  and  agreed  upon  another  representa- 
tion. To  give  them  time  to  cool,  he  adjourned  them 
from  the  2d  to  the  1 9th  of  May,  but  with  what  suc- 
cess the  reader  will  determine,  after  he  reads  the 
following  abstract  of  the  long  answer  of  seven  folio 
pages  and  a  half  in  print,  then  reported  by  a  commit- 
tee consisting  of  Messrs.  David  Clarkson,  Cornelius 
Van  Home,  Paul  Richard,  Henry  Cruger,  Frederick 
Philipse,  John  Thomas, Lewis  Morris,  David  Pierson, 
and  \V'  illiam  Nicoll.  It  was  read,  engrossed,  and  pre- 
sented the  same  afternoon,  with  a  request  for  leave 
to  adjourn. 

TlK?y  disown  any  intention  to  oflfend  by  the  request 
for  employing  the  now  levies  for  rangers,  to  which 
they  were  excited  by  information  that  they  were  wil- 
ling to  serve  with  an  allowance  beyond  the  King's 
pay  of  nine-pence  or  one  shilling  per  day ;  by  as- 
serting that  they  were  unemployed,  was  only  meant 
that  they  were  not  then  on  the  expedition  to  Canada, 
and  that  they  might  have  been  on  short  scouts  with- 
out any  injury  to  the  service;  that  they  were  well 
apprised  of  the  importance  of  the  Indian  alliance; 
that,  therefore,  they  had  put  one  thousand  pounds  in 
his  hands  in  1745  for  presents,  though  he  had  then 


til liyil!  iWHi  I    iiiin.  muLi  ^1  , 


[Chap.  H. 

any  to  turn  his 
3mies  of  New 

the  late  negro 
smissaries,  and 
ig  upon  men  of 
desperate  for- 
ate  Scotch  re- 
lations to  raise 
•ulers  and  Go- 
»e  'said  the  new 
tnd  suggestions 
nd  promises  an 
/hen  he  knows 
lony. 

mmittee  of  the 
ler  representa- 
idjourned  them 
with  what  suc- 

•  he  reads  the 

•  of  seven  folio 
td  by  a  commit- 
:son,  Cornelius 
ger,  Frederick 
David  Pierson, 
ossed,  and  pre- 
quest  for  leave 

by  the  request 
igers,  to  which 

they  were  wil- 
)nd  the  King's 
er  day ;  by  as- 
vas  only  meant 
tion  to  Canada, 
trt  scouts  with- 
hey  were  well 
idian  alliance; 
isand  pounds  in 
;h  he  had  then 


]747.|  .  .        ^0 

money, before  voted  for  that  purpose;  that  those  In- 
dians had,  as  yet,  done  nothing  agreeable  to  their  as- 
surances of  their  engaging  in  the  war  if  further  de- 
predations were  made. 

That  they  consider  the  King's  order  to  make  pre- 
sents as  an  intimation  that  the  charge  ought  not  to 
lall  on  the  colony ;  that  he  went  to  Albany  last  sum- 
mer at  their  expense,  but  what  he  gave  the  Indians 
they  know  not;  that  the  Crown  was  also,  doubtless, 
at  other  great  charges,  which  turned  out  to  the  pri- 
vate interest  of  some  indi vid  uals. 

They  think  their  loyalty  very  manifest  since  his  ar- 
rival, and  suppose  him  well  convinced  of  it ;  he  spoke 
well  of  the  people  m  his  first  speech,  but  the  change 
o\  his  opinion  obliged  them  to  remind  him  that  they 
gave  him  one  thousand  pounds  as  an  earnest  of  their 
-espect  for  him ;  have  raised  as  much  for  his  support 
as  tor  any  of  his  predecessors,  and  built  a  noble  edfecc 
lor  his  residence  on  his  own  plan ;  had  paid  his  house- 
rent  while  the  house  was  constructino- 

They  recollect  the  burning  of  Saratoga,  Novem- 
ber 1745,  and  hint,  that  if  the  independent  compa- 
nies  had  not  been  drawn  from  that  post,  this  destruc- 
tion would  not  have  happened. 

That  money  was  given  for  a  fort  at  the  carryine- 
place  according  to  his  own  design,  which  was  never- 
theless applied  to  re-building  that  at  Saratoga ;  that 

that  then  a  line  of  block-houses  was  rec'ommended 
from  New  England  to  the  Mohawks' castle ;  they  had 
provided  for  this  scheme,  and  the  money  laid  out  in 
detachments  of  the  militia  pos<  d  by  his  order  on  the 
frontiers      They  declared  their  willingness  to  contri- 
bute  to  two  forts  at  the  carrying-place,  and  seem  to 
doubt  his  declaration  that  any  other  colonies  will 
bear  a  part  of  this  burden.     They  declare,  that  no- 
body  acquainted  with  the  climate  could  be  surprised 
at  the  disappointment  of  the  attempt  to  fortify  a  camp 
at  the  time  he  fixed  upon  for  that  work.  They  asserh 
that  the  money  raised  for  the  expedition  is  nearly  ex- 
pended  by  the  nine  pounds  bounty  per  man,  thevic- 


fa 


,.  .1' 


100 


[Cimp.  II. 


tualling  of  sixteen  companies,  one  hundred  men  each, 
and  other  military  purposes.  These  they  think  proofs 
of  their  care  for  tliemselves,  and  do  not  forget  their 
gift  for  the  Cape  Breton  expedition,  with  the  further 
expense  of  transporting  ten  cannon,  their  carriages, 

&LC. 

They  conceived  that  their  advancements  have 
been  unskilfully  laid  out,  for  want  of  an  engineer,  ana 
lament  the  delay  of  the  person  expected. 

Respecting  the  scheme  of  commissioners  for  a  joint 
prosecution  of  the  war  with  the  other  colonies,  they 
mention  their  having  provided  for  it,  and  add,  "  how 
it  has  happened  that  nothing  has  been  done  upon 
that  commission,  is  only  to  be  conjectured."  They 
censure  the  late  negotiations  at  Albany,  towards 
erecting  two  forts  at  the  carrying-place  and  attack- 
ing Crown  Point,  with  the  assistance  of  only  three  of 
the  Council,  while  there  were  six  gentlemen  in  com- 
mission for  that  purpose,  and  no  other  government 
had  commissioners  there  but  Massachusetts  Bay. 

They  declared  that  they  had  not  confidence  in  the 
success  of  the  expedition,  and  chose  to  wait  till  expe- 
rienced oflicers,  daily  expected,  arrived  from  Eng- 
land. They  confessed,  that  ever  since  he  had  placed 
his  confidence  in  a  person  obnoxious  to  and  censured 
by  that  House,  the  public  affairs  had  been  perplexed, 
and  not  attended  to  with  that  steadiness  and  good 
conduct  which  their  importance  required,  and  did 
appear  in  the  measures  pursued  before  he  bore  so 
great  a  part  in  his  councils. 

To  him  they  imputed  certain  late  speeches  and 
messages,  and  the  interruption  of  the  public  harmony ; 
denied  that  the  traders  of  Albany  wished  i?l  to  the 
Canada  expedition,  and  charged  the  insinuation  to 
the  inveterate  prejudices  of  his  minister,  who  had 
grossly  calumniated  the  distressed  inhabitants  of  Al- 
bany, and  abused  his  confidence. 

That  part  of  his  message  descriptive  of  the  prac- 
tices of  Popish  emissaries,  they  applied  to  another: 
person  then  in  his  favor,*  who  was  bred  a  Protestant, 


*  John  Henry  Lidius,  whose  father  was  a  Dutch  Minister  at  Albany. 


[Chap.  II. 

red  men  each, 
y  think  proofs 
ot  forget  their 
ith  the  further 
»eir  carriages, 

cements  have 
engineer,  ana 

BCl. 

nersforajoint 
colonies,  they 
md  add,  "  how 
en  done  upon 
tured."    They 
bany,  towards 
ce  and  attack- 
)f  only  three  of 
tlemen  in  corn- 
ier government 
tusetts  Bay. 
infidence  in  the 
)  wait  till  expe- 
ved  from  Eng- 
he  had  placed 
_  and  censured 
een  perplexed, 
ness  and  good 
uired,  and  did 
ore  he  bore  so 

speeches  and 
ublic  harmony ; 
ished  i?l  to  the 

insinuation  to 
ister,  who  had 
labitants  of  Al- 

ve  of  the  prac- 
ied  to  another 
d  a  Protestant, 

[inister  at  Albany. 


1747.J 


101 


resided  several  years  in  Canada,  married  a  woman 
there  of  the  Romish  Church,  after  having  first  abjur- 
ed his  religion,  alleging  that  he  was  a  person  of  des- 
perate fortunes.  To  his  intrigues  and  falsehoods 
they  imputed  the  unfavorable  temper  of  the  Indians, 
and  to  Popish  emissaries  the  perplexities  of  his  ad- 
ministration. 

They  t^en  assert  it  to  be  reported,  that  two-thirds 
of  the  Indian  presents  in  1745  were  embezzled;  and 
that  the  French  and  Spanish  prisoners  were  sold, 
under  color  of  his  authority,  to  owners  and  captains 
of  flags  of  truce,  at  a  pistole  a  head ;  and  these  things 
they  affect  to  mention  as  with  a  design  to  give  him 
an  opportunity  to  punish  the  delinquents. 

They  hoped  that,  from  the  whole  they  have  evin- 
ced, they  have  had  a  due  care  not  only  of  their  own, 
but  his  honor  and  interest. 

Mr.  Clinton  commanded  an  adjournment  for  a  few 
days,  and  contented  himself  only  with  a  threat  of 
complaining  to  the  King,  and  a  remark,  which  every 
body  else  had  made  without  doors,  that  this  violent 
and  acrimonious  composition  was  not  two  hours  be- 
fore the  House ;  do  that  the  engrossed  copy  sent  to 
the  Governor,  must  have  been  prepared  before  the 
draft  was  brought  in  by  the  committee. 

It  has  been  before  observed,  that  this  petty  army, 
raised  upon  the  Duke  of  Newcastle's  letter  of  the  9th 
of  April,  1746,  was  to  be  paid  by  the  crown.  Hitherto 
Mr.  Clinton  had  drawn  bills  to  raise  money  for  that 
purpose;  and  whether  because  the  design  seemed 
to  be  neglected  at  home,  and  he  really  apprehended 
the  non-payment  of  his  bills,  or  sought  an  occasion  to 
embarrass  the  Assembly,  he  gave  them  intimations 
that  the  troops  threatened  to  disband  for  want  of  pay ; 
and  he  exacted  their  indemnity  of  his  estate  against 
the  protest  of  his  bills,  or  their  providing  money  to 
keep  the  army  together. 

The  projector  of  this  device  certainly  could  not 
reasonably  hope  to  draw  any  other  advantage  from 
it,  than  a  demonstration  to  government  that  Mr.  Clin- 
ton's drafts,  which  already  amounted  to  nine  thousand 


m 


#'.; 


102  [Chap.  If. 

pounds,  and  for  which  he  had  the  advice  of  his  Coun- 
cil, were  absolutely  necessary  ;  and  that  end  it  did 
serve,  and  that  only ;  for  the  House  absolutely  refus- 
ed to  counter-secure  him,  declaring  that  his  drafts 
were  necessary  to  prevent  the  total  desertion  of  the 
levies,  and  that  his  refusal  to  continue  drawing  would 
imply  distrust  of  the  King,  and  render  himself  an- 
swerable for  the  levies  and  estates  of  his  subjects. 

From  the  4th  of  June,  they  only  met  and  adjourned 
to  the  4th  day  of  August,  when  he  called  upon  them 
to  join  with  Massachusetts  Bay  and  Connecticut  in 
the  attack  of  Crown  Point,  aided  by  as  many  Indians, 
of  whose  temper  he  spoke  favorably  as  to  their  being 
animated  to  action. 

But  they  laid  hold  of  the  objections,  that  as  no 
estimate  was  found  of  the  whole  expense,  nor  the 
quotas  of  the  respective  colonies  ascertained,  they  re- 
fused to  concur  till  these  preliminaries  were  settled. 

Mr.  Clinton  continued  his  drafts  for  the  army,  till 
the  languor  of  administration  exhausted  his  hopes  of 
any  co-operation  from  that  side  of  the  water;  and  on 
the  .31st  of  August,  when  he  flatly  refused  any  longer 
to  victual  the  four  independent  companies  and  south- 
ern levies,  or  to  expend  money  upon  the  Indians,  or 
transport  provisions  to  Saratoga,  he  urged  them  to 
take  those  expenses  upon  themselves,  for  two  months, 
till  when  he  hoped  to  draw  the  other  colonies  into 
some  contribution,  and  to  be  better  informed  of  his 
Majesty's  intentions.  He  also  notified  them  that  Os- 
wego was  in  danger;  Colonel  Johnson,  the  contractor 
for  the  supply  of  that  garrison,  requiring  guards  to 
convoy  the  provisions,  a  late  incursion  of  the  enemy 
upon  the  German  Flats  in  that  route  having  doubled 
the  expense  of  transportation. 

On  which  the  House  resolved,  that  the  provisions 
of  the  independent  companies  ought  not  to  be  a 
charge  either  to  the  crown  or  the  colony,  while  post- 
ed at  Albany,  they  having  always  subsisted  them- 
selves out  of  their  own  pay,  except  when  at  Oswego 
or  the  outposts;  when  there,  were  and  should  be 
supplied  by  the  colony :  that  the  southern  colonies 


•«i«r*e**«fi**s*" 


m\ij 


[Chap.  If. 

ce  of  his  Coun- 
that  end  it  did 
bsolutely  refus- 
that  his  drafts 
esertion  of  the 
drawing  would 
ler  himself  an- 
his  subjects. 
:  and  adjourned 
lied  upon  them 
Connecticut  in 
a  many  Indians, 
s  to  their  being 

ons,  that  as  no 
pense,  nor  the 
■tained,  they  re- 
2S  were  settled, 
ir  the  army,  till 
ed  his  hopes  of 
!  water;  and  on 
ised  any  longer 
mies  and  south- 
thc  Indians,  or 
urged  them  to 
for  two  months, 
er  colonies  into 
informed  of  his 
J  them  that  Os- 
I,  the  contractor 
liring  guards  to 
•n  of  the  enemy 
having  doubled 

t  the  provisions 
it  not  to  be  a 
lony,  while  post- 
subsisted  them- 
vhen  at  Oswego 
and  should  be 
uthern  colonies 


'''''^  103 

ought  to  subsist  their  own  Ibrces;  that  having  the 
Kings  orders  to  make  advancement  to  cultivati  the 
nendship  of  the  Indians,  it  is  his  duty  to  continue 

his  h;i  V^!  ^^"^''"''^  ^'  ^'S"'^^^  ^y  the  crown;  that 
his  bills  for  transporting  provisions  to  Saratoga  being 
paid,  that  expense  ought  to  be  forborne;  that  Colo- 
nel Johnson  cannot  ask  an  additional  allowance,  the 
txovernor  having  importuned  them  on  the  2d  of  De- 
cember, 746,  that  the  Colonel  had  contracted 
against  all  events;  but  to  protect  the  county  of  Al- 
bany, they  agreed  to  provide  for  one  hundred  and 

fnJ  Kl^r'Sf*"*  f  ^^^  desertion  of  the  fort  of  Sara- 
toga by  the  New-Jersey  troops  posted  there,  for  want 
ofprovisions,  however  filled  every  man  with  terror; 
and  after  a  call  of  the  House,  the/requested  the  Go! 
vernor  either  to  send  a  part  of  the  New- York  levies 

^Zl'y!"''  '1  r'"  P'lr"'  r^*'  *^^™  ^^"-^  determined,  a 
detachment  from  the  independent  fusileers,  for  whom 
they  in  that  case  promised  supplies  ofprovisions. 

He  repeated  his  declarations,  that  he  would  no 
longer  disburse  money  at  the  charge  of  the  crown; 

V.1  ^^^^u-""  '"'^^^^  ^^'^  *h^  preservation  of  Sal 
fn  «i?'  .K  f"§"P  *^^  consequence  of  their  refusal 
iVrZl  aT  *"/.'''^"*  ^"^  g"^*-^  the  frontiers, 

t^SZ  T  ^•^^«'  "'f  y«»  den/ me  the  necessary 
supplies  all  my  endeavors  must  become  ineffectual 
and  fruitless:  I  must  wash  my  own  hands,  and  leave 
at  your  doors  the  blood  of  the  innocent  people  that 
may  be  shed  by  a  cruel  and  merciless  enemy/' 
ih    Va^  ^^l^  of  September  they  were  adjourned  to 
InoZ^ '  3- '^  *^^  ^'"'  ^T^  **^«»  passed,''there  was 
^S,  nf  ^^*'^'■""^"u*  *°  ^^^  29th,  and  again  to  the 
oth  of  October.     These  provoked  to  a  resolve,  that 
to  h.m  were  to  be  ascribed  the  delays  in  providing 
for  the  defence  of  the  frontier;  and  that  a  remon? 
strance  be  Presented  on  the  condition  of  the  colony, 
to  be  prepared  by  Messrs.  Clarkson,  Van  Hornk 
Richard  Cruger,Philipse,  Thomas,  jines,  and  Cor-' 
nel.   Before  the  draft  was  reported,  the  Governor, 


i 


.% 


104 


[Chap.  11. 


by  a  message  of  the  6th  of  October,  laid  before  them 
a  compact  of  their  own  commissioners  with  others 
from  Massachusetts  Bay  and  Connecticut. 

These  gentlemen  had  so  concerted  matters,  as  to 
cast  the  burden  of  mair)taining  the  Indian  alliance 
entirely  upon  the  crown,  though  Mr.  Clinton  had  im- 
portuned them  to  make  that  and  the  erection  of  forts 
subjects  of  contract.  The  message,  therefore,  warns 
them  of  the  necessity  of  an  immediate  attention  to 
these  objects,  as  well  as  those  for  which  the  contract- 
ing colonies  were  to  provide ;  and  to  show  them  the 
expectations  of  the  Indians,  he  communicated  a  copy 
of  the  conferences  he  held  with  some  of  their  chiefs 
on  the  26th  of  September  last,  with  Colonel  Johnson's 
report  to  a  committee  of  the  Council  on  the  3d  of 
October. 

This  was  soon  followed  with  resolves  to  execute 
their  part  of  the  plan  concerted  by  the  commission- 
ers ;  to  provide  for  the  defence  of  the  northern  fron- 
tier, and  for  presents  for  the  Indian  sachems  then  in 
town ;  that  eight  hundred  pounds  be  devoted  to  sup- 
ply the  Governor's  failure  to  support  the  Indian  in- 
terest, though  he  had  made  large  drafts  for  that  pur- 
pose, and  of  which  they  had  heard  of  no  disposition ; 
that  the  usual  provision  be  made  for  Oswego ;  that 
they  would  bear  their  proportion  of  the  expense  to- 
wards erecting  forts  in  the  Indian  cantons,  as  asylums 
to  their  wives  and  children,  while  their  warriors  were 
abroad ;  that  they  will  take  a  part  of  the  army  for  the 
security  of  the  frontiers  into  pay,  as  soon  as  they  are 
advised  of  their  being  discharged  by  the  crown ;  that 
they  would  victual  the  garrison  of  Saratoga,  and 
transport  the  provisions  wanted  there ;  and  the  mes- 
senger sent  with  a  copy  of  these  resolves,  was  also  to 
request  information  whether  any,  and  what  number 
of,  troops  was  ordered  to  Saratoga. 

The  answer  of  that  day  was  so  extraordinary,  that 
the  author  cannot  help  transcribing  it. 

"  By  your  votes,  I  understand  you  are  going  upon 
things  very  foreign  to  what  I  recommended  to  you. 
I  will  receive  nothing  from  you  at  this  critical  junc- 


<■  I'Wg 


[Chap.  II. 

id  before  them 
TB  with  others 
icut. 

I  matters,  as  to 
Indian  alliance 
>linton  had  im- 
irection  of  forts 
lerefore,  warns 
kte  attention  to 
;h  the  contract- 
show  them  the 
inicated  a  copy 
•  of  their  chiefs 
)lonel  Johnson's 
il  on  the  3d  of 

Ives  to  execute 
the  commission- 
e  northern  fron- 
Bachems  then  in 
devoted  to  sup- 
rt  the  Indian  in- 
ifts  for  that  pur- 
'  no  disposition ; 
>r  Oswego ;  that 
the  expense  to- 
tons,  as  asylums 
ir  warriors  were 
the  army  for  the 
soon  as  they  are 
the  crown;  that 
'  Saratoga,  and 
3 ;  and  the  mes- 
ves,  was  also  to 
id  what  number 

traordinary,  that 

it. 

-  are  going  upon 
imended  to  you. 
lis  critical  junc- 


J747.J 


iO.» 


lure,  but  what  relates  to  the  message  I  last  sent  you ; 
viz.  by  all  means  immediately  to  take  the  preserva- 
tion of  your  frontiers  and  the  fidelity  of  the  Ir.dianfl 
into  consideration.  The  loss  of  a  day  may  have  fatal 
consequences.  When  that  is  over,  you  may  have 
time  to  go  upon  any  other  matters." 

They  then  resolved  it  to  bo  their  undoubted  right 
to  proceed  in  such  order  as  they  conceived  most 
conducive  to  the  interest  of  their  constituents ;  that 
the  attempt  to  prescribe  to  them,  was  a  manifest 
breach  of  the  rights  and  privileges  of  that  House  and 
of  the  people ;  thai  the  Governor's  declaration  was 
irregular,  unprecedented,  and  manifestly  tended  to 
the  subversion  of  their  rights,  liberties,  and  privi- 
leges ;  and  that  his  adviser  had  attempted  to  under- 
mine and  infringe  them,  violate  the  liberties  of  the 
people,  subvert  the  constitution  of  the  colony,  and 
was  an  enemy  to  its  inhabitants. 

The  next  day,  9th  of  October,  Mr.  Clarkson  brought 
in  the  remonstrance,  to  which  the  House,  immediate- 
ly after  reading  it,  ordered  their  speaker  to  setliis 
name.  They  sent  to  the  Governor  that  morning  by 
seven  members,*  who  reported  that  he  would  neither 
hear  it  read,  nor  suffer  it  to  be  left  with  him. 

While  they  were  in  suspense  upon  the  next  step  to 
be  taken,  he  sent  them  a  message  on  the  13th  of  Oc- 
tober. 

That  he  was  pleased  with  their  approbation  of  the 
scheme  concerted  by  the  commissioners  of  the  three 
colonies,  so  nearly  agreeing  with  that  he  had  planned 
in  October  last,  with  Governor  Shirley  and  Commo- 
dore Warren. 

That  he  was  also  pleased  that  his  Council,  before 
the  commissioners  met,  had  approved  of  his  proposal 
concerning  the  erection  of  two  forts  at  the  carrying- 
place,  and  had  made  it  an  instruction  to  their  com- 
missioners to  effect  it  at  the  charge  of  the  colonies. 


*  Mr.  Clarkson,  Colonel  Philipse,  Mr.  Thomas,  Mr.  Cruger,  Colonel 
Bcekman,  Colonel  Chambers,  and  Colonel  Lott.. 

14 


m 


la 


1U6  '    '  [Chap.  II. 

He  observes,  in  an  air  of  triumph,  that  when  he  had 
before  urged  these  things,  they  were  to  have  been 
executed  at  the  expense  of  the  crown ;  and  that  now 
they  became  a  colony  charge,  through  the  obstruc- 
tions he  had  met  with  by  their  clogs  on  the  transpor- 
tation of  provisions  to  the  army. 

He  then  proceeds  to  refute  the  insinuation,  that 
the  money  raised  by  his  drafts  for  Indian  expenses 
was  not  expended;   recounts  the  Indian  services; 
alleges  that  last  year  he  could  not  get  twenty  of  them 
on  a  scout,  but  that  now  Colonel  Johnson  could  col- 
lect a  thousand  of  them  for  service ;  that  this  gentle- 
man had  detached  many  of  them  from  the  French ; 
that  their  object  in  the  denial  of  money  for  these  ser- 
vices, was  to  wrest  the  prerogative  of  making  treaties 
from  the  crown,  and  to  place  it  in  the  hands  of  popu- 
lar agents  of  their  own  appointing.  He  accuses  them 
also  with  a  design  to  share  in  the  military  authority 
of  the  Executive ;  declares  he  will  not  consent  to  it ; 
avers  that  Saratoga  was  burnt;  and  afterwards  aban- 
doned, by  their  negligence  of  his  requisitions.    He 
then  attempts  to  justify  his  me  ^sage  to  confine  them 
to  what  he  had  recommended  for  the  care  and  pre- 
servation of  the  colony ;  calls  their  late  votes  to  shut 
their  door,  a  farce,  unless  it  was  designed  to  exclude 
his  messages ;  and  if  so,  in  that  case  he  pronounced 
it  a  high  insult  on  the  King's  authority,  and  the  with- 
drawing their  allegiance  for  a  time. 

He  denied  their  authority  to  act  as  an  Assembly, 
except  by  virtue  of  the  royal  commission  and  instruc- 
tions, alterable  at  the  King's  pleasure.  After  which 
he  thus  expressed  himself:  "  You  seem  to  place  it 
upon  the  same  foundation  with  the  House  of  Com- 
mons of  Great  Britain,  and  if  I  mistake  not,  by  the 
resolves  of  the  9th  of  this  month,  assume  all  the  pri- 
vileges and  rights  of  the  House  of  Commons  of  Great 
Britain.  If  so,  you  assume  a  right  to  be  a  branch  of 
the  legislature  of  the  kingdom,  and  deny  your  depen- 
dence and  subjection  on  the  crown  and  parliament. 
If  you  have  not  the  rights  of  the  House  of  Commons 
of  Great  Britain,  then  the  giver  of  the  authority  by 


vmmmmmibim*' 


[Chap.  II. 

at  when  he  had 
B  to  have  been 
I ;  and  that  now 
r\\  the  obstnic- 
)n  the  transpor- 

nsinuation,  that 
ndian  expenses 
ndian  services; 
t  twenty  of  them 
inson  could  col- 
that  this  gcntle- 
om  the  French ; 
icy  for  these  ser- 
'  making  treaties 
J  hands  ofpopu- 
le  accuses  them 
lihtary  authority 
ot  consent  to  it ; 
iftcrwards  aban- 
cquisitions.    He 
to  confine  them 
le  care  and  pre- 
ate  votes  to  shut 
igned  to  exclude 
3  he  pronounced 
ty,  and  the  with- 

as  an  Assembly, 
sion  and  instruc* 
re.  After  which 
seem  to  place  it 
!  House  of  Com- 
jtake  not,  by  the 
isume  all  the  pri- 
ommons  of  Great 
to  be  a  branch  of 
leny  your  depen- 
I  and  parliament. 
>use  of  Commons 
the  authority  by 


1747.J 


107 


H 


which  you  act,  has  or  can  put  bounds  or  limitations 
upon  your  rights  and  privileges,  and  alter  them  at 
pleasure,  and  has  a  power  to  restrain  you  when  you 
endeavor  to  transgress.  And  I  must  now  tell  you,  that 
I  have  his  Majesly's  express  commands  not  to  sufller 
you  to  bring  some  matters  Mito  your  House,  or  to  de- 
bate upon  them ;  and  for  that  reason,  the  custom  has 
been  long  established  of  the  Clerk  of  your  House  to 
show  every  dav  to  the  Governor,  the  minutes  of  the 
proceedings  of  your  House :  and  it  is  undutiful  beha- 
viour to  keep  any  thing  secret  from  me,  that  is  under 
your  consideration.  In  short,  gentlemen,  I  must  like- 
wise tell  you,  that  every  branch  of  the  legislature  of 
this  province,  and  all  of  them  together,  may  be  crimi- 
nal in  the  eye  of  the  law;  and  there  is  a  power  able 
to  punish  you,  and  that  will  punish  you,  if  you  pro- 
voke that  power  to  do  it  by  your  misbehaviour; 
otherwise  you  must  think  yourselves  independent  of 
the  crown  of  Great  Britain." 

He  then  complained  of  the  late  method  of  serving 
him,  by  members,  with  copies  of  their  resolutions,  as 
ill-mannerly  and  unconstitutional;  &n^  then  adds — 
"This  leads  me  to  consider  a  most  indiscreet  beha- 
viour of  some  of  the  members  of  your  House,  who,  in 
a  quarter  of  an  hour  after  I  was  served  with  a  copy 
of  your  resolves  of  the  9th  instant,  came  into  an 
apartment  of  my  house,  where  I  was  busy,  and,  with- 
out the  least  previous  notice,  one  of  them  offered  to 
read  a  large  bundle  of  papers,  which,  he  said,  was  a 
remonstrance  from  the  House.  Does  not  every  pri- 
vate man  in  this  country  think  his  own  house  his  cas- 
tle ?  And  must  your  Governor,  when  in  his  private 
apartment,  be  thus  intruded  upon  ?  Would  any  pri- 
vate man  bear  such  behaviour  in  a  stranger;  and 
must  your  Governor  bear  it  with  patience  ?  I  think, 
therefore,  from  such  behaviour,  without  any  other,  I 
had  too  much  reason  to  refuse  to  receive  it,  or  to 
sutler  it  to  be  left  with  me :  and  from  some  past  re- 
presentations which  have  been  openly  made  by  your 
House,  I  never  will  hereafter  receive  any  thing  from 
your  House  in  public,  the  contents  of  which  are  not 


lUD  [Chnp.  IJ. 

previously  coinnmnicatcd  to  mc  in  private,  that  I  may 
judge  whether  it  he  necessary  for  his  Majesty's  ser- 
vice and  the  puhlic  good,  to  give  access  to  me  for 
that  p:   ^o8c." 

He  charged  their  omission  to  acquaint  him  of  their 
first  meeting,  to  design;  their  resolves  against  his 
late  adjournments  and  prorogations,  as  encroach- 
ments upon  the  prerogative ; — taxes  them  with  un- 
reasonable precipitation  in  adopting  drafts  '^f  repre- 
sentations, as  marks  of  their  being  led  by  a  spirit  of 
faction;  with  an  attempt  to  defame  him,  and  with 
asserting  known  falsehoods. 

To  oppose  the  malignant  imputation  of  his  embez- 
zlement of  the  Indian  presents,  he  states  all  his  re- 
ceipts at  but  eighteen  hundred  pounds  currency; 
and  urges  to  show  the  reduction  of  it  before  the  goods 
were  delivered,  the  necessary  expenditures  for  main- 
taining such  vast  numbers  at  Albany,  private  gifts  to 
particular  sachems,  a  sum  to  the  Senecas  for  a  re- 
lease of  thmr  claim  to  Oiwego,  the  transportation  of 
the  Indians  in  waggons  from  and  to  Schenectady,  and 
provisions  for^heir  return. 

He  insisted  that,  if  they  had  any  suspicions  of  waste, 
they  ought  to  have  asked  information,  or  complained 
to  the  King. 

He  denied  that  they  were  moved  by  any  zeal  for 
their  country  in  this  attack ;  remarks  that,  though  they 
have  put  sixty  thousand  pounds  into  the  hands  of 
their  relations  and  friends,  no  accounts  are  as  yet 
exacted. 

He  ascribed  their  attacks  on  his  friends  and  assist- 
ants to  malice;  and  declares  that  he  will  withdraw  the 
independent  fusileers  from  Albany,  unless  they  will 
supply  them  with  provisions  as  they  do  others ;  de- 
sires them  to  reflect  whether  their  conduct  is  not 
owing  either  to  a  firm  principle  of  disloyalty  for  de- 
livering up  the  country  to  the  King^s  enemies,  or  to 
support  a  neutrality  with  Canada,  as  in  Queen  Anne's 
reign,  to  the  prejudice  of  the  other  colonies,  or  to 
overturn  the  constitution;  or,  lastly,  to  gratify  the 


[Chnp.  IJ.* 


I747.J 


luy 


nto,  thai  I  may 

Majesty's  scr- 

ccss  to  inc  for 

int  him  of  their 
res  against  his 
,  as  encroach- 

them  with  un- 
[Irafts  of  reprc- 
d  by  a  spirit  of 

him,  and  with 

n  of  his  cmbez- 
itates  all  his  ro- 
unds currency; 
)efore  the  goods 
litures  for  main- 
,  private  gifts  to 
;necas  for  a  re- 
ransportation  of 
:henectady,  and 

picions  of  waste, 
or  complained 

)y  any  zeal  for 
lat,  though  they 
the  hands  of 
unts  are  as  yet 

iends  and  assist- 
ill  withdraw  the 
unless  they  will 
do  others ;  de- 
conduct  is  not 
isloyalty  for  de- 
s  enemies,  or  to 
in  Queen  Anne's 
colonies,  or  to 
to  gratify  the 


malice  of  a  few,  known  to  hav«*  a  share  in  Uieir  pii- 
vatc  consultations. 

He  concluded  with  renewing  his  dem.uids  for  se- 
curing the  frontiers  and  the  tid«  !ity  of  the  Indinns; 
and,  to  prevent  delays,  informs  tluMii  (hat  hr  will  noi 
assent  to  any  bill  for  issuing  (he  public  uiuney,  but  a:-} 
his  commission  and  instnirtiniis  direct,  or  to  limit  or 
clog  the  prerogative  respecting  the  disposition  of  the 
troops.  "  If  you  make  any  thing,"  says  he,  "contrary 
to  his  Majesty's  commission  or  instructions,  a  condi- 
tion of  your  granting  the  necessary  supplies  for  the 
safety  of  the  people  of  this  province,  I  now  tell  you, 
that  it  will  be  trifling  with  the  lives  and  estates  of 
your  constituents,  by  exposing  them,  in  this  time  of 
danger,  without  policy,  for  I  never  will  yield  to  it." 

It  was  agreed  by  the  commissioners,  that  gun- 
smiths should  be  sent  to  each  of  the  six  cantons,  ex- 
cept the  Mohawks  and  Tuscaroras,  with  goods  to  the 
value  of  three  hundred  pounds,  for  presents ;  and,  as 
the  season  advanced,  the  Assembly  signified  (15th 
October)  to  the  Governor  their  willingness  to  ad- 
vance the  money  on  the  credit  of  the  confederate 
colonies,  that  he  might  forward  this  service  before 
winter.  But  he  put  them  in  mind  the  next  day  of 
other  provisions  equally  urgent,  especially  as  he  in- 
formed them  on  the  1 9th,  that  the  King  had  laid  aside 
the  expedition  against  Canada,  and  ordered  the 
troops  to  be  discharged,  except  such  as  were  neces- 
sary for  the  defence  of  Nova  Scotia :  and  that,  by  his 
Majesty's  command,  he  was  to  recommend  it  to  them 
to  pay  their  own  levies,  and  trust  to  a  parliamentary 
reimbursement. 

The  privates  had  been  paid  up  by  the  Governor 
to  the  24th  of  July  last,  and  two  months'  pay  given 
to  the  subalterns. 

He  renewed  his  desire  for  taking  them,  or  a  part 
of  them,  into  the  service  of  three  colonies ;  and  they 
immediately  voted  to  pay  half  of  their  levies,  or  eight 
hundred  men,  to  the  first  of  August,  leaving  it  to  the 
rest  of  the  colonies  to  act  at  their  pleasure :  but  they 
declined  the  discharge  of  the  arrears,  assigning  their 


^'»n^>iiii  run  I.I  p    imn.B 


J  10 


[Chap.  11 


I 

Ml 


poverty  and  distresses  lor  their  disappointment  of  the 
royal  expectations. 

On  the  24th  of  October,  the  Governor  thought  pro- 
per, by  a  written  order  under  his  hand,  to  forbid 
James  Parker,  who  usually  printed  the  journals  of 
the  House,  to  publish  the  Assembly's  remonstrance, 
which  provoked  Mr.  Clarkson  to  relate,  and  the  rest 
of  the  committee  to  confirm,  the  history  of  what  pass- 
ed at  the  offer  of  it  to  the  Governor.  That  they 
knocked  at  the  outward  door,  and  told  the  servant 
who  attended,  that  they  had  a  message.  That  after 
retiring  to  an  inner  room,  he  came  out,  followed  by  a 
gentleman,  and  showed  them  into  it,  where  they  found 
the  Governor,  who  expressed  no  displeasure.  They 
informed  him  that  they  came  as  a  committee  of  the 
Assembly  with  a  remonstrance,  and  Mr.  Clarkson 
offered  to  read  it,  which  the  Governor  would  not  per- 
mit, nor  suffer  it  to  be  left ;  on  which  they  decently 
withdrew,  Mr.  Clinton  only  intimating,  that  this  pro- 
ceeding without  the  speaker  was  not  parliamentary. 
Upon  this,  Parker  was  ordered  to  attend,  and  having 
produced  the  Governor's  prohibition,  a  copy  of  which 
he  had  published  in  his  Gazette,  they  resolved  that 
the  attempt  to  prevent  the  publication  of  their  pro- 
ceedings, was  a  violation  of  the  rights  and  liberties 
of  the  people,  and  an  infringement  of  their  privileges  ; 
that  the  remonstrance  was  a  regular  proceeding; 
that  the  Governor's  order  was  unwarrantable,  arbi- 
trary, and  illegal,  a  violation  of  their  privileges,  and 
of  the  liberty  of  the  press,  and  tending  to  the  utter 
subversion  of  all  the  rights  and  liberties  of  the  co- 
lony ;  and  that  the  speaker's  order  for  printing  the 
remonstrance  was  regular,  and  consistent  with  his 
duty. 

That  the  reader  may  form  his  own  judgment  of  it, 
we  here  give  him  a  succinct  analysis  of  its  principal 
parts. 

It  professes  their  design  to  open  to  him  the  state 
of  the  colony. 

They  conceive  that  his  late  messages  reflect  upon 
their  conduct ;  and  that  his  prorogation  of  the  29th 


-iiiK  t  wwi     "  iifjii  i  i'mmm'mtif^''mm^mm9» 


[Chap.  U 

^>pointment  of  the 

rnor  thought  pro- 
i  hand,  to  forbid 
d  the  journals  of 
y'8  remonstrance, 
^late,  and  the  rest 
story  of  what  pass- 
;rnor.    That  they 
a  told  the  servant 
ssage.     That  after 
out,  followed  by  a 
t,  where  they  found 
lispleasure.    They 
1  committee  of  the 
and  Mr.  Clarkson 
rnor  would  not  per- 
hich  they  decently 
ating,  that  this  pro- 
not  parliamentary, 
attend,  and  having 
ion,  a  copy  of  which 
they  resolved  that 
cation  of  their  pro- 
rights  and  liberties 
t  of  their  privileges; 
egular  proceeding; 
mwarrantable,  arbi- 
heir  privileges,  and 
tending  to  the  utter 
liberties  of  the  co- 
der for  printing  the 
consistent  with  his 

own  judgment  of  it, 
lysis  of  its  principal 

pen  to  him  the  state 

messages  reflect  upon 
rogation  of  the  29th 


1747.] 


ill 


of  September  and  ad^  urnnient  of  the  5\h  of  Octo- 
ber, were  designed  to  prevent  their  vindication  of 
themselves.  Bewailing  the  alteration  of  temper  and 
sentiments  in  the  several  branches  of  the  Legislature, 
they  proceed  to  its  causes. 

Their  proceedings  discover  that  there  was  perfect 
harmony  on  the  6th  June  1746,  when  the  King's  plea- 
sure for  an  expedition  to  Canada  was  announced — all 
conspired  with  one  heart  to  promote  the  service,  and 
his  speeches  and  messages  were  clear,  express,  and 
intelligible ;  but  ever  since  he  had  put  his  confidence 
in  the  person  who  styles  himself,  "  the  next  in  ad- 
ministration," arts  have  been  used  to  distract  and 
divide. 

•  They  esteemed  his  falling  into  the  hands  of  a  man 
so  obnoxious,  aiming  at  nothing  but  his  own  interest, 
a  great  misfortune  to  the  country.  , 

To  prove  their  suggestions,  they  proceed  to  a  his- 
tory of  their  late  intercourse. 

On  the  9th  and  1 1th  of  September  they  had  impor- 
tuned him  to  keep  up  a  garrison  at  Saratoga,  and 
agreed  not  only  to  supply  but  transport  provisions  to  it. 
On  the  16th,  they  voted  for  the  preservation  of  Oswe- 
go, and  to  consider,  (though  he  had  taken  all  risks 
upon  himself)  of  ColonelJohnson's  demands  for  sub- 
sistence, if  by  unforeseen  accidents  he  was  likely  to 
suffer. 

To  the  Governor's  assertion,  that  they  were  ac- 
quainted with  the  temper  of  the  Indians  before  his 
treaty  of  last  year,  they  answer  with  a  denial  of  any 
such  knowledge,  on  account  of  the  secresy  he  had 
affected  respecting  Indian  aflairs,  which  he  had  di- 
verted from  their  ancient  channel  by  taking  the  bu- 
siness out  of  the  hands  of  the  Commissioners,  and  to 
this  they  assign  their  present  perplexity  and  dis- 
traction. • 

They  admit  the  reluctance  of  the  Indians  to  en- 
gage in  the  war;  and  for  removing  aspersions  observe, 
that  the  Coghnawagos,  in  Canada,  are  related  to  the 
Six  Nations ;  that  they  were,  therefore,  inclined  to  a 
neutrality,  and  the  rather  as  they  had  declared,  be- 


i-A     )'i 


112 


[Chap.  IL 


1 


cause  their  wars  end  only  in  extirpation ;  and  they 
avow  the  opinion,  that  such  a  neutrality  would  have 
been  most  advantageous  to  the  public. 

Against  his  boasting  of  their  utility,  they  deny  that 
there  has  been  any  conflict  between  ours  and  the 
French  Indians,  or  that  they  had  brought  in  more 
than  three  French  scalps  and  some  prisoners;  and 
impute  his  magnifying  the  late  treaties,  to  a  design  to 
countenance  his  drafts  on  the  crown  for  Indian  pre- 
sents, some  of  which  drafts  they  suggest  as  being 
made  the  last  summer,  when  no  gifts  were  made,  and 
that  therefore  he  had  a  considerable  sum  in  bank  on 
that  score. 

They  dispute  his  professions  of  zeal  for  the  wel- 
fare of  the  country ;  charge  the  blood  spilled  at  Sa- 
ratoga in  1745,  to  his  withdrawing  the  garrison  from 
that  post ;  blame  him  for  not  ordering  the  new  levies 
at  Albany,  to  go  up  and  assist  the  farmers  in  the  vi- 
cinity of  that  village  to  gather  in  their  harvest ;  call- 
ing in  the  troops  from  the  frontiers  to  Albany,  and 
then  posting  them  on  the  opposite  side  of  the  river, 
where  they  could  more  easily  desert ;  for  not  send- 
ing out  the  one  hundred  and  fifty  rangers  they  had 
raised ;  for  injustice  and  unfairness  in  his  agents,  re- 
specting the  musters  of  the  army,  "  a  matter,"  as  they 
assert,  "  worthy  of  the  most  strict  inquiry." 

They  then  charge  him  with  contemptuous  speeches, 
both  of  them  and  their  constituents,  "  from  a  very 
early  time  of  his  administration,  in  terms  so  opprobri- 
ous as  are  not  fit  to  be  published ;"  and,  to  vindicate 
themselves  from  the  charge  of  neglecting  the  general 
interest  of  the  colonies,  they  recite  his  requisitions, 
their  compliances,  and  his  obstacles  to  their  further 
designs,  by  adjournments  and  prorogations. 

In  the  close,  they  aver  that,  since  the  war,  the  co- 
lony had  Jljxpended  near  seventy  thousand  pounds ; 
and,  as  a  caution  against  the  advice  of  managing  an 
Assembly  by  harassmg  them  with  adjournments,  they 
declare,  "  that  no  inconveniences  will  divert  them 
from,  or  induce  them  to  abandon,  the  interests  of 
their  country." 


[Chap.  If, 

ition ;  and  they 
ity  would  have 

.I* 

,  they  deny  that 
n  ours  and  the 
ought  in  more 
prisoners;  and 
3,  to  a  design  to 
for  Indian  pre- 
ggest  as  being 
vere  made,  and 
ium  in  bank  on 

lal  for  the  wel- 
3  spilled  at  Sa- 
e  garrison  from 
the  new  levies 
•mers  in  the  vi- 
•  harvest ;  call- 
to  Albany,  and 
le  of  the  river, 
;  for  not  send- 
ngers  they  had 

I  his  agents,  re- 
latter,"  as  they 
uiry." 

:uous  speeches, 
"from  a  very 
ns  so  opprobri- 
id,  to  vindicate 
ing  the  general 
lis  requisitions, 
to  their  further 
itions. 

le  war,  the  co- 
usand  pounds ; 
)f  managing  an 
urnments,  they 

II  divert  them 
lie  interests  of 


1747.]    ,  ,j3 

Mr.  Clinton  alarmed  the  House  by  a  message,  re- 
qumng  supphes  for  detachments  he  purposed  to 
make  from  the  m.litia,  for  the  defence  of  the  Lntiers. 
As  nothing  could  be  more  disgusting  to  the  multitude 
than  a  call  to  services  of  that  kind,  the  House  dread- 
cd  their  rage,  and  the  committee  to  whom  the  mes- 
sage was  referred,  reported  their  surprise  at  this 
requisition;  and,  considering  the  intimation  of  the 

fnf'i^nf  t^^'-^K.^rK^'S^  ^^^  «^"y'  *"^  their  late 
vote  to  take  eight  hundred  men  into  pay,  for  the  de- 

whJ W  t-  'v^  ^T^""''^  ''^^^"^^  ^^'^'  ^P»»ion»  that 
whilst  his  Excellency  was  governed  by  such  unsteady 

councils,  his  messages  were  continually  varying  and 

ed  wfthT^'/u" "  • '  ^"^  •*?."*  '^"^y  ""^'^  embafrass- 
^''rT difficulties  in  providing  for  the  public  safety. 

Ihe  Governor,  says  the  entry  of  the  dav,  in  the 
copy  brought  by  their  Clerk,  (for  they  did^'not,  on 
this  occasion,  pursue  their  late  practice  of  sending 
1  hy  their  members,)  and  by  another  message  of 
the  2d  of  November,  reproaches  them  with  fefus- 
ing  to  give  the  King  credit  for  the  army's  arrears  of 
pay,  till  provision  could  be  made  by  Parliament ;  and 
hough  they  had  voted  to  take  eight  hundred  men  of 
these  levies  into  service,  yet  have  you  not,  says  he, 
by  your  speaker,  communicated  to  me  as  terms  of 
lol  ^;tf' that  there  be  a  reduction  of  one  half  of  the 
pay  ot  the  officers;  which  no  man  deserving  trust 
Tnd  ?hf  ^*'  **  ^^^/'.'g  helow  the  earnings  of  tradesmen 

SSfnn  *K  ¥^!-^*^****Tr\  J^'"  ^"y »»«"  be  retained 
but  on  the  footing  on  which  he  was  enlisted  ?  Having 
no  hope  of  engaging  men  upon  these  terms,  he  saw 
no  way  of  saving  the  country  vithout  the  aid  of  the 
mihtia;  and  charged  their  affectation  of  surprise  to 

?  xlTf  ?!^"'?g  ^^®  disobedience  of  the  militia. 
«  And  for  what  other  purpose,"  says  he,  "  are  the  re- 
flections  of  unsteady  councils,  continually  varying. 
&c.  thrown  out  at  this  time?  Certainly  councils  muft 
)^ry,  as  the  events  on  which  they  are  founded  do. 
»^wicils^''    ""^  ^""^^  occasion  to  any  variation  in  my 

15  « 


r^f* 


114  [Chap  II. 

In  the  reply,  they  confess  that  he  hacl  proposed  to 
retain  both  officers  and  privates  in  the  British  pay : 
that  on  the  speaker's  ohjectinjT  as  to  the  officers,  the 
Governor  then  expressed  doubts  of  their  success, 
but  promised  that  he  would  do  all  he  could  for  the 
service  of  the  colony,  when  he  had  fixed,  with  Mr. 
Shirley  and  Mr.  Knowles,  a  time  for  the  dismission  of 
the  army.    They  therefore  repeat  their  surprise  at 
the  requisition  for  supplies  to  detachments  of  the  mi- 
litia, before  the  result  of  his  consultations  respecting 
the  day  of  general  discharge  was  published;  and 
think  this  a  justification  of  their  late  answer  of  insta- 
bility, and  a  proof  "  that  it  was  neither  his  intention 
nor  inclination  that  these  forces  should  be  received 
into  the  pay  of  the  colony,  but  rather  that,  through 
want  of  clothing,  and  other  hardships,  they  should  be 
driven  to  the  necessity  of  desertion,  that  the  frontiers 
being  by  that  means  left  defenceless,  he  might  be 
furnished  with  a  plausible  pretence  (in  order  to  ha- 
rass the  poor  people  of  this  colony,  for  whom  he  con- 
tinually expresses  so  great  concern)  to  make  detach- 
ments from  the  militia  for  the  defence  thereof!  They 
conclude,  that  any  further  expectation  of  having  the 
new  levies  continued  on  the  frontiers,  will  be  vain ;" 
and  immediately  voted  for  raising  eight  hundred 
other  volunteers.    They  requested  him  to  issue  war- 
rants, and  to  take  all  the  proper  measures  to  expe- 
dite the  enlistments,  and  to  pass  a  bill,  then  ready, 
for  forming  a  magazine  of  provisions  at  Albany. 

The  Governor  refused  to  see  the  messengers,  or 
receive  a  copy  of  the  vote,  without  the  speaker. 

Upon  this,  they  compelled  the  printer  to  publish 
their  remonstrance,  and  deliver  ten  copies  to  each 
member;  and  presented  an  address  in  form,  implor- 
ing him  to  pass  the  bill  for  provisions,  before  the  win- 
ter rendered  it  impracticable  to  transport  them  to 
Albany.  It  was  now  the  13th  of  November.  He  gave 
them  this  answer: 

That  he  took  blame  to  himself  for  passing  two  bills 

'     of  that  nature.     He  had  urged  the  necessity  of  the 

service  in  his  excuse,  and  he  would  venture  once 


..tj^...  xijiririji.nil..,.'..,  ,    '".:..,'    "'.  ..L  .'^'-- '  T    '."    --■"*i"""''*      ' 


""■'*JHlJW,l,i.l>Uii.HI|lj'n 


[Chap  II. 

lacl  proposed  to 
the  IJritish  pay : 
the  officers,  the 
f  their  success, 
le  could  for  the 
I  fixed,  with  Mr. 
the  dismission  of 
their  surprise  at 
iments  of  the  mi- 
itions  respecting 
published;  and 
answer  of  insta- 
iher  his  intention 
ould  be  received 
ler  that,  through 
>s,  they  should  be 
that  the  frontiers 
ess,  he  might  be 
5  (in  order  to  ha- 
for  whom  he  con- 
to  make  detach- 
ce  thereof.  They 
ion  of  having  the 
rs,  will  be  vain ;" 
g  eight  hundred 
him  to  issue  war- 
neasures  to  expe- 
bill,  then  ready, 
ts  at  Albany, 
le  messengers,  or 
:  the  speaker, 
printer  to  publish 
jn  copies  to  each 
js  in  form,  implor- 
ns,  before  the  win- 
transport  them  to 
)vember.  He  gave 

ir  passing  two  bills 
le  necessity  of  the 
)uld  venture  once 


1747.]  ,,^ 

more;  but  warned  them,  in  their  bill  for  paying  the 
iorces,  to  insert  no  clauses  derogatory  to  the  pTero- 
gative,  but  to  guard  against  misapplications  and  em- 
bezzlements He  added  a  demand  of  provisions  for 
the  independent  companies  at  Albany,  who,  for  want 
ol  supplies,  were  upon  the  point  of  deserting. 

On  the  25th  of  November  he  passed  the  provision 
bill;  another  for  a  new  tax  of  twenty-eight  thousand 
pounds,  for  the  defence  of  the  frontiers,  with  two 
others  of  lesser  moment;  and  then  delivering  his 

w  'V  free  speech,  he  dissolved  the  Assembly. 

nnw!»f  1  •  "^•"'^''  ^^'^'■^"^^  ^^'«'  "«»•  *  composition 
published  in  answer  to  it,  under  the  title  of  "A  Let- 
ter to  the  Governor,"  from  some  of  the  members,  as 
they  lead  to  a  repetition  of  the  history  of  transactions, 
^  the  relder^  ^^'  ^^^^^^  exhausted  the  patience 

^nJ^tlf'lu''^^ '"  ^^^  printed  journals  of  the  House, 
Dnrfor  r 'i^'  ^Peci^ens  of  the  Scribbling  talents  of 
•      K  [i^u  ^^"  ^"J?  ^^'  Horsmanden,  the  latter  hav- 
Sflanrl    f  ^^^  I'^'u^t  Assembly,  or  rather  for  Mr. 
Delancey,  for  which  he  was  suspended  from  the 
Council,  and  removed  from  that  bench  and  the  Re- 
corders  place,  and  cast  upon  the  private  bounty  of 
the  party  by  whom  he  was  employed,  applauded,  and 
ruined:  for  such  was  his  condition,  until  he  raised 
himself  by  an  advantageous  match,  and,  by  forsakine 
his  associates,  reconciled  himself  to  Mr.  Clinton 
when  that  Governor  broke  with  the  man,  whose  in-* 
discretion  and  vehpfronce  the  Chief  Justice  had  im- 
proved, to  expose  l.tl.  to  the  general  odium  of  the 
colony.     Until  his  marriage  with  Mrs.  Veser,  Mr 
Horsmanden  was  an  object  of  pity ;  toasted,  indeed,* 
as  the  man  who  dared  to  be  honest  in  the  worst  of 
IS    ?l^^  ^  'r  *'«••»»'«  "eals,  and,  by  the  impor- 
tunity of  his  creditors,  hourly  exposed  to  the  horrors 

ri^l*^    A  iT     *?''"*'^  *"^  irreconcilable   enmity  to 
Doctor  Colden,  by  whose  advice  he  fell,  and  to  Mr. 
Uelancey,  whose  ambitious  politics  exposed  him  to     > 
the  vengeance  of  that  minister.  ^ 


81 


vm^'VfimiK' 


116  [Chap.  II. 

Mr.  Clinton  could  not  hope  for  any  change  of  mea- 
sures by  the  late  dissolution.  He  saw  Mr.  Jones 
again  speaker  ol  the  House,  and  all  the  chief  leaders 
of  the  last  came  up  to  the  Assembly,  on  the  12th  ol 

February,  1748.  r  .u       i  « 

The  first  object  was  the  execution  of  the  plan 
agreed  on  by  the  commissioners,  28th  of  September 
last,  approved  by  Connecticut,   and   all   but  the 
eleventh  article,  by  Massachusetts  Bay,  with  some 
alterations:  then  he  called  their  attention  to  the  In- 
dian interest,  and  the  employing  p?T  ties  from  these 
tribes  to  scour  the  woods;  to  the  civil  list  not  pro- 
vided for  last  fall ;  an  augmentation  of  Colonel  John- 
son's allowance  for  provisions  to  the  garrison  ot  Os- 
wego; repairs  of  forts,  and  supplies  of  ammumtion; 
rewards  for  scalps;  the  maintenance  of  prisonere; 
the  charges  of  transporting  and  victualling  the  levies 
on  the  frontiers;  the  removal  of  the  cannon  fromba- 
ratoffa  to  Albany;  necessary  expresses;  gunsmiths 
in  the  Indian  countries ;  the  rent  of  his  house ;  com- 
pleting the  new  mansion  in  the  Fort,  stables,  and 
other  conveniences;  and  after  persuading  to  har- 
mony, promises  his  concurrence  in  all  measures  con- 
ducive to  the  King's  service  and  the  interests  ol  the 

*^**He'^had  a  very  short  address  from  the  House,  inti- 
mating their  satisfaction  in  his  promises,  as  ends  truly 
worthy  his  pursuit;  promising  attention  and  despatch, 
but  expressing  some  discontent  with  Massachusetts 
Bay,  for  not  ratifying  the  compact  framed  by  the 

commissioners.  i. .  *  n-  *u  ♦ 

The  Governor  informed  them  of  intelligence  that 
preparations  were  making  in  Canada  for  an  attack  on 
the  northern  parts  of  this  colony ;  and  hoped,  as  Mas- 
sachusetts had  substantially  concurred,  their  altera- 
tions in  the  compact  would  be  no  obstacle  to  our 
exertions  against  the  enemy.     But  they  immediately 
after  voted,  thai  the  alterations  would  in  a  great  mea- 
sure defeat  the  end  proposed,  and  thaUthev  would 
not  agree  to  them. 


[Chap.  II. 

:hange  of  mea- 
law  Mr.  Jones 
e  chief  leaders 
on  the  I2th  of 

>n  of  the  plan 
1  of  September 
d   all   but   the 
Say,  with  some 
jntion  to  the  In- 
T  ties  from  these 
vil  list  not  pro- 
DfColonelJohn- 
garrison  of  Os- 
of  ammunition ; 
ce  of  prisoners; 
nailing  the  levies 
cannon  from  Sa- 
jsses;  gunsmiths 
his  house ;  com- 
[ort,  stables,  and 
rsuading  to  har- 
all  measures  con- 
e  interests  of  the 

1  the  House,  inti- 
ises,  as  ends  truly 
ion  and  despatch, 
ith  Massachusetts 
;t  framed  by  the 

"  intelligence  that 
31  for  an  attack  on 
id  hoped,  as  Mas- 
Irred,  their  altera- 
)  obstacle  to  our 
they  immediately 
lid  in  a  great  mea- 
that»thev  would 


174a.] 


117 


He  then  communicated  a  letter  from  the  Duke  of 
Newcastle,  directing  measures  for  cultivating  the  In- 
dian fidelity,  at  the  expense  of  the  crown ;  and  ad- 
vised their  improving  tliis  juncture  for  concerting 
some  vigorous  enterprise,  in  conjunction  with  the 
other  colonies,  against  the  common  enemy. 

On  the  19th  oi  March,  and  when  no  cross  incident 
had  as  yet  intervened,  the  House  adopted  the  mea- 
sure, 60  oflen  recommended,  of  appointing  an  agent 
in  Great  Britain.  They  voted  two  hundred  pounds 
for  this  purpose,  among  the  other  provisions  in  the 
annual  bill  for  the  civil  list ;  and,  to  facilitate  the  de- 
sign, introduced  the  vote  for  an  agent  to  apply  for 
his  Majesty's  assistance  and  to  manage  our  public 
affairs,  with  the  following  preamble :  ^^  As  thifs  colony 
is  so  situated,  that  its  northern  frontiers  are  a  barrier 
and  defence  to  all  his  Majesty's  other  colonies  to  the 
southward  on  the  contineht,  and  lying  nearest  to  the 
enemy,  is  continually  exposed  to  their  incursions  and 
ravages ;  to  prevent  which,  it  has  long  been,  and  still 
is,  exposed  to  a  very  great  and  insupportable  ex- 
pense, in  building  fortresses  and  maintaining  forces 
for  its  defence,  being  at  this  juncture  obliged  to  keep 
nearly  one  thousand  men  in  continual  pay  on  its 
northern  frontiers,  by  which  means  the  southern  co- 
lonies are  in  a  ereat  measure  secured  and  defended 
from  the  incursions  of  the  French  and  Indians  from 
Canada,  without  contributing  any  thing  towards  the 
heavy  expense  thereby  occasioned.'' 

The  real  design  of  this,  was  to  elude  the  necessity 
of  the  Governor's  concurrence  in  a  le  islative  ap- 
pointment of  the  person,  and  to  engross  the  agent  by 
his  dependence  solely  on  the  pleasure  of  the  House, 
for  they  meant  to  make  him  their  own  servant  against 
the  Governor;  and  the  sequel  will  show  their  success. 

Mr.  Clinton  repeated  his  instances,  on  the  30th  of 
March,  for  a  united  attack  upon  the  enemy,  as  con- 
ducive to  our  own  safety;  the  recall  of  their  emissa- 
ries from  the  Indians,  with  whom  they  were  intriguing; 
and  to  encourage  the  Assembly,  engaged  at  the  ex- 
pense of  the  crown,  to  keep  any  fort  they  might  take. 


H«  [Chap.  11. 

But  he  could  only  procure  a  vote  approving  the  de- 
sign, and  promising  to  pay  the  expense  of  commis- 
sioners in  meeting  to  concert  a  plan ;  and  a  few  days 
afterwards  the  session  ended,  with  apparent  harmonj, 
several  bills  having  been  previously  passed,  viz.:  for 
a  military  watch ;  building  block-houses;  the  defence 
of  the  frontiers ;    raising  eighteen  hundred  pounds 
more  for  a  college ;  and  the  payment  of  the  salaries 
of  the  Governor  and  other  officers  for  a  year ;  to 
which  the  Assembly  had  also  tacked  a  reward  of  one 
hundred  and  fifty  pounds  to  Mr.  Horsmanden,  for  his 
late  controversial  labors,  under  the  pretext  of  draft- 
ing their  bills,  and  other  public  service.     But  as  it 
might  have  been,  and   perhaps  was  foreseen,  the 
House,  just  before  they  were  called  up  to  witness  the 
Governor's  assent  and  subscription,  named  Robert 
Charles,  Esq.  for  their  agent  at  the  Court  of  Great 
Britain,  and  authorized  their  speaker  to  instruct  and 
correspond  with  him,  and  at  present  to  direct  him  to 
oppose  the  royal  confirmation  of  a  late  act  in  JNew- 
Jersey,  respecting  the  line  of  partition,  conceived  to 
be  injurious  to  this  province.  ,     , .  ,  , 

Mr.  Charles's  appointment  gave  the  highest  plea- 
sure to  the  party  who  led  the  opposition  against  the 
Governor,  and  not  without  reason;  Mr.  Warren's  ac- 
tivity at  Louisburgh  having  procured  him  not  only  an 
interest  at  court  and  a  knighthood,  but  vast  popular 
applause,  and  excited  his  hopes  of  procuring,  what 
his  wife's  relations  of  the  Delancey  family  ardently 
wished  for,  his  appointment  to  the  government  of  this 
colony.    The  Newcastle  interest  in  favor  of  the  pos- 
sessor, had  hitherto  rendered  the  colony  pohtics  un- 
successful, and  there  was  a  necessity  for  some  pointed 
exertions  against  him  by  an  agent  at  court,  to  im- 
prove and  give  them  success.    They  now  had  this 
advantage :  and  on  the  very  day  Mr.  Charles  was  no- 
minated, Mr.  Speaker  Jones  despatched  a  letter  to 
him,  which,  as  it  exceeded  the  authority  given  him 
by  the  vote  of  the  House,  gives  some  countenance  to 
Mr.  Clinton's  assertions,  which  every  one  knew  to  be 


[Chap.  11 

oving  the  de- 
e  of  commis- 
nd  a  few  days 
rent  harmony, 
ssed,  viz. :  for 
} ;  the  defence 
ndred  pounds 
>f  the  salaries 
jr  a  year;  to 
reward  of  one 
nanden,  for  hia 
etext  of  draft- 
ice.     But  as  it 
foreseen,  the 
)  to  witness  the 
named  Robert 
Court  of  Great 
to  instruct  and 
o  direct  him  to 
ate  act  in  New- 
n,  conceived  to 

le  highest  plea- 
tion  against  the 
r.  Warren's  ac- 
him  not  only  an 
lut  vast  popular 
procuring,  what 
family  ardently 
krernment  of  this 
avor  of  the  pos- 
lony  politics  un- 
'jr  some  pointed 
tt  court,  to  im- 
y  now  had  this 
I  Charles  was  no- 
Iched  a  letter  to 
lority  given  him 
countenance  to 
one  knew  to  be 


1748.J 


119 


true,  that  the  late  Assembly  had  been  influenced 
from  without  doors.* 

The  Governor  and  his  Assembly  came  together 
again  on  the  21st  of  June,  when  lie  informed  the 
House,  that  unless  the  Indians  could  be  engaged  in 
some  enterprise,  he  fearetl  their  total  defection,  and 
pressed  the  attack  on  Crown  Point.  He  purposed  to 
meet  them  and  distribute  presents  in  July,  at  the  ex- 
pense of  the  crown ;  and  proposed  an  act  to  prevent 
purchases  from  the  Indians,  of  arms,  ammunition,  and 
clothing,  and  sales  of  rum  to  them,  without  his  license. 
He  asks  money  ibr  new  fortifications,  according  to  the 
plans  of  Captain  Armstrong,  an  engineer  sent  out  to 
direct  in  that  business ;  recommends  the  defence  of 
their  commerce  against  privateers  then  infesting  the 
coast ;  provision  Tor  maintaining  French  prisoners, 
and  the  redemption  of  our  own  people,  and  rewards 
for  scalps. 


*  The  Totc  was  this :—  «'  Qlh  April,  1748. 

"  Ordered, — That  the  speaker  of  this  House  for  the  time  being,  do 
hold  and  correspond  with  Robert  Charles,  Em.  ".gent  for  this  colony  ia 
Great  Britain ;  and  that  he  do  from  time  to  time  sign  and  transmit  to  the 
said  agent,  such  instructions,  directions,  and  representations,  as  shall  be 
judg^  proper  to  be  sent  to  him  for  his  conduct  J' 
Mr.  Joneses  letter  is  in  these  words : — 

••JVew-ForAr,  mh  April,  1748. 

"  Sir,— In  consequence  of  a  recommendation  of  Sir  Peter  Warren,  you 
are  appointed  agent  for  this  colony,  with  a  salary  of  two  hundred  pounds 
per  annum,  New- York  currency,  for  transacting  the  public  affairs  thereof 
in  Great  Britain.  You  are  to  pursue  all  such  instructions  as  shall  from 
time  to  time  be  sent  you,  signed  by  me,  as  speaker  of  the  General  Assem- 
bly ;  in  the  execution  of  which  instructions,  you  are  always  to  take  Uie  ad- 
vice of  Sir  Peter  Warren,  if  in  England.  You  are  to  take  all  opportuni- 
ties  of  advising  me,  n  the  speaker  of  the  General  Assembly  of  this  colony 
for  the  time  being,  of  all  your  proceedings  on  the  several  matters  as  shall 
from  time  to  time  be  given  you  in  charge,  and  of  all  other  matters  which 
may  occasionally  happen,  whereby  this  colony  may  be  any  ways  affected. 
You  are  not  only  to  take  such  opportunities  as  offer  direcUy  for  New- York, 
but  to  transmit  accounts  both  by  way  of  Boston  and  Philadelphia,  as  occa« 
sion  may  require.  You  are  to  keep  an  account  of  the  expense  you  may 
be  necessarily  put  to,  in  your  applications  for  the  service  of  this  colony, 
and  transmit  them  to  me,  or  the  speaker  of  the  General  Assembly  for  the 
time  being,  in  order  for  payment.  I  send  you  the  act  wherein  you  are  ap- 
pointed for  this  colony,  passed  but  this  day,  so  that  I  cannot  yet  write  to 
you  80  fully  as  I  expect  shortly  to  do.  In  the  mean  time,  you  are  to  observe 
the  preceding  directions,  and  those  that  follow,  to  wit :  You  are  to  endea- 
vor to  obtain  the  royal  assent  to  the  three  following  acts,  to  wit :  "An  act 


120  [Chap.  n. 

Mr.  Clinton  had,  on  the  18th  of  February  last,  given 
the  command  of  the  troops  in  the  pay  of  the  colony, 
for  the  defence  of  the  frontiers,  to  Colonel  Johnson ; 
the  same  who,  living  in  the  Mohawk's  country,  on  the 
route  to  Oswego,  had  been  contractor  for  supplying 
the  garrison  there  with  provisions,  and  he  took  this 
opportunity  to  ask  an  allowance  for  his  trouble. 

The  House  gave  a  vote  of  credit  for  a  flag  to  Ca- 
nada for  an  exchange  of  prisoners;  expressed  sur- 
prise at  his  urging  the  Crowii  Point  expedition,  since 
the  Massachusetts  province  would  not  ratify  the 
compact  of  the  commissioners,  and  had  withdrawn 
their  stores  from  Albany ;  agreed  to  take  up  the  other 
matters  recommended  in  the  fall ;  and  now  only  sent 
up  a  bill,  which  was  passed,  agreeably  to  his  own  re- 
quest in  the  message.  They  sat  but  ten  days,  ind 
without  open  animosity,  though  a  motion  of  Colonel 
Beekman's  had  given  an  opportunity  to  revive  it. 


for  limitinK  the  continuance  of  General  Auemblies,  passed  in  the  seven- 
teenth year  of  his  Majesty's  reiyn,"  not  yet  approved  of  by  hia  Majesty ; 
«« An  act  for  appointing^  commissioners  to  take,  examine,  and  state  the  pub- 
lic accounts  of  the  colony  of  New-York,  from  the  year  1713;"  and  "An 
act  for  the  more  effectual  cancelUng  the  hills  of  ci.idk?  of  this  colony,"  the 
last  two  passed  this  day.  If  the  reasons  on  which  i  j  said  acU  were  seve- 
rally founded,  contained  in  their  respective  preambles,  are  not  judg^  suffi- 
cient to  induce  an  approbation,  you  are  to  endeavor  to  prevent  their  being 
rejected  until  you  can  advise  the  General  Assembly  of  it,  and  have  their 
further  directions.  An  act  having  lately,  as  we  are  informed,  been  passed 
in  the  neighboring  colony  of  New-Jersey,  for  settling  the  boundaries  be- 
tween that  province  and  this,  which  we  apprehend  may,  in  its  consequen- 
ces, greatly  affect  the  property  of  many  of  the  inhabitants  of  this  colony, 
and  very  considerably  diminish  his  Majesty's  revenue  arising  by  quit-renU, 
you  are  to  endeavor  to  prevent  its  receiving  the  royal  assent,  until  tbia  co- 
lony can  have  an  opportunity  of  making  their  objections,  and  of  being 
heard  against  the  said  act."  ,         ,  .  •_ 

It  is  worth  a  renfvk.  that  Mr.  Charles  afterwards  informed  the  speaker, 
tliat  the  septennial  act  had  not  been  transmitted  to  the  Board  of  Trade ; 
and  that  Mr.  Jones,  in  his  answer  by  his  letter  of  the  2d  of  June,  1749, 
writes  thus:— "Since  yon  cannot  find  that  the  act  of  this  colony,  for  limit- 
ing the  continuance  of  the  General  Assembly,  has  ever  been  transmitted, 
you  need  give  yourself  no  further  cciicern  about  it,  until  you  find  it  receiv- 
ed at  the  Office  of  Trade  and  Plantations."  There  w  mted  no  motive  at 
this  « jine  to  censure  the  concealment  of  that  popular  law  from  the  eye  of 
administration,  it  it  could  only  be  charged  upon  the  Governor:  but  the 
boldness  of  the  measure  is  equal  to  tlie  art  of  the  leaders  of  the  day  when 
it  passed.  It  remains  a  secret  who  advised  to  it,  and  peritaps  because  both 
parties  diiaced  in  the  guilt. 


[Chap.  II. 

lary  last,  given 
of  the  colony, 
onel  Johnson ; 
country,  on  the 
r  for  supplying 
d  he  took  this 
is  trouble. 
)r  a  flag  to  Ca- 
ex  pressed  sur- 
Lpeditton,  since 
not  ratify  the 
had  withdrawn 
,ke  up  the  other 
i  now  only  sent 
y  to  his  own  le- 
t  ten  days,  i  nd 
ition  of  Colonel 
to  revive  it. 


passed  in  the  soren- 
rcd  of  by  his  Majesty ; 
line,  and  state  the  pub- 
iear  1713;"  and  "An 
lif  of  this  colony,"  the 
I  ,  said  acU  were  Mve- 
BB,  are  not  judg^ed  suffi- 
to  prevent  their  being 
f  of  it,  and  have  their 
informed,  been  paaaed 
Dg  the  boundariee  be- 
nay,  in  its  oonsequen- 
bitants  of  this  colony, 
e  arising  by  quit-renU, 
al  assent,  until  this  co- 
ijeotions,  and  of  being 

I  informed  the  speaker, 
to  the  Board  of  Trade; 
[the  2d  of  June,  1749, 
l)f  this  colony,  for  limit- 
lever  been  transmitted, 
luntil  you  find  it  reoeiv- 
•e  w  mted  no  motive  «A 
»r  law  from  the  eye  of 
[the  Governor:  but  the 
laders  of  the  day  when 
i  perhaps  because  both 


J/'ia.J 


121 


Certain  tlischargod  soldirrs  of  a  romnnny,  enm- 
inandcd  by  Captain  Ross,  raised  for  the  Canada 
expedition,  had  sued,  and  others  intended  to  brinj; 
actions  pgainst  liim,  for  tlieir  pay.  The  Governor 
had  written  to  a  county  court  Judj^e,  and  Cathcrwood 
his  Secretary,  to  the  (Jlcrk  and  Shcrifl',  against  the 
issuing  and  service  of  the  process.  The  House, 
agreeably  to  the  motion,  appointed  a  committee  to 
make  the  proper  inquiries,  and  report  their  opinion. 
But  nothing  turther  was  done;  for  the  Governor, 
upon  sight  of  the  journal,  wrote  to  the  speaker,  own- 
ing that  letters  were  written  touching  deserters,  and 
oiuy  recommending  it  to  the  officers  of  the  courts  to 
put  a  stop  to  the  claims  of  deserters  with  his  Majes- 
ty's arms  and  clothing,  who  had  thereby  forfeited 
their  pay ;  and  that  if  this  could  be  construed  a  vio- 
lation of  the  laws,  it  was  owing  to  inadvertency,  and 
without  any  injurious  intention,  and  that  he  was  ready 
to  recompense  all  damage  the  public  had  sustained. 
The  House  referred  this  letter  to  a  committee  of  the 
whole,  and  took  no  further  notice,  at  that  time,  of  Mr. 
Beekman's  information. 

When  they  met  in  the  autumn,  (14th  October,)  ho 
congratulated  them  on  the  prospect  of  peace,  and 
complained  of  inequitable  terms  proposed  by  the 
Governor  of  Canada  for  a  release  of  prisoners ;  and 
asked  a  five  years'  support,  agreeably  to  precedent 
in  the  times  of  his  predecessors.  Hunter,  Burnet, 
Montgomery,  and  Cosby ;  said  he  had  not  started  ob- 
jections to  the  annual  provisions  on  account  of  the 
war,  the  advice  he  then  received^  and  his  desire  to  give 
content ;  but  that  he  now  thought  it  a  proper  time  to 
resist  the  innovatior^s  which  had  weakened  the  King's 
government ;  that  he  should  consent  to  their  annex- 
ing the  salaries  to  the  officers  in  the  act,  but  not  to 
the  officer  by  name.  He  then  urged  a  discharge  of 
two  thousand  one  hundred  and  thirty-eight  pounds, 
withheld  from  Colonel  Johnson,  by  reason  of  the  de- 
ficiency of  the  fund  out  of  which  he  was  to  be  satis- 
fied ;  provision  for  arrears  to  the  army,  for  expresses, 

16 


1-2-2  [i:\iiX[h{\. 

the  exchange  ol  piUoiiins,  aiul  the  linirthing  the  new 
edifice  at  the  Fort. 

This  was  raking  up  the  oU)  embers,  and  disagree- 
able to  every  body  but  Cohletj  and  Delaiicey.  Their 
address  intimated  a  disinchnation  to  continue  the 
rangers  in  pay;  that  the  three  independent  compa- 
nies at  Albany  (which  ought  to  consist  ol  a  hundred 
men  each)  would  suffice,  with  the  old  peace  garrison 

at  Oswego.  ,    ,       •        i 

Their  ill  success  in  the  Canada  cartel,  they  impute 
to  the  low  characters  of  the  envoys  he  had  sent  to 
Mr.  Vaudreuil,  the  Governor  of  that  country. 

They  declared  that  they  would  not  depart  froni 
the  modern  method  of  annual  support  bills  ;  adding, 
with  Mr.  Horsmanden'spen,  that  "had  the  salaries 
been  annexed  to  the  office,  himself  (under  the  un- 
happy influence  he  then  was)  would  have  filled  the 
office  of  third  Justice  of  the  Supreme  Court,  with  some 
m  unworthy  person  in  the  room  of  a  gentleman  of  expe- 

rience and  learning  in  the  law,  whom  you  removed 
from  that  station  without  any  color  of  misconduct,  at 
least  as  we  ever  heard  of,  under  the  sole  influence  ot 
a  person  of  so  mean  and  despicable  a  character,  (as 
the  General  Assembly  has  several  times  heretofore 
occasionally  signified  to  you,)  that  it  is  astonishing 
to  us  that  your  Excellency  should  persist  m  submit- 
ting your  conduct  to  his  sole  counsel  and  guidance." 

They  told  him  not  only  that  he  was  well  advised 
when  he  first  assented  to  the  annual  support,  but  that 
'« he  did  it  for  ample  and  sufficient  reasons,  and  good 
and  valuable  considerations,  as  we  have  understood, 
in  acceding  to  those  terms."  .     -^   , 

After  a  copy  was  sent  to  the  Governor,  he  signihed 
by  a  message,  that  they  had  shown  no  regard  to  de- 
cency, and  that  he  should  not  receive  such  an  ad- 

dress. 

He  then  repeated  what  was  most  necessary  for  the 
public  service ;  says  his  envoys  to  Canada  were  the 
best  he  could  get,  and  adds,  "you  are  pleased  to 
give  the  characters  of  sone  persons,  that  I  have  had 
better  opportunities  to  kno\v  i  an  you  can  have  had: 


[(  llln».  II. 

ir^hiiif;  the  wvw 

,  and  iVisagrco- 
laiicey.    Their 

0  continue  the 
endeut  compa- 
it  of  a  hundred 

peace  garrison 

Icl,  thev  impute 
he  had  sent  to 
country, 
lot  depart  from 
rt  bills ;  adding, 
lad  the  salaries 
(under  the  un- 

1  have  filled  the 
[^ourt,  with  some 
itleman  of  expe- 
Dtn  you  removed 
)f  misconduct,  at 
sole  iniluence  of 
a  character,  (as 
times  heretofore 
it  is  astonishing 
ersist  in  submit- 
and  guidance." 
ivas  v^'ell  advised 
support,  but  that 
easons,  and  good 
lave  understood, 

rnor,  he  signified 
no  regard  to  de- 
eive  such  an  ad- 
necessary  for  the 
Canada  were  the 
u  are  pleased  to 
8.  that  1  have  had 
aucan  have  hadi 


174«.j 


123 


however,  I  believe  that  b^'  this  j.aper,  (the  address,) 
some  men's  characters  will  he  very  evident  to  every 
man  who  shall  read  it,  and  who  has  iIjc  least  sense 
of  honor." 

On  thiB,  tiicy  made  an  entry  of  the  declaration  of 
their  messengers,  who  were  sent  to  know  when  he 
would  receive  the  address  in  substance,  that  he  said 
he  had  not  seen  a  copy  of  it;  on  which  they  had 
given  it  to  him  without  any  order  of  the  House  so  to 
do  :  and  thereupon  they  resolved,  that  it  is  irregular, 
and  contrary  to  the  course  of  parliamentary  proceed- 
ings, to  send  a  copy,  and  that  the  Governor  had  no 
right  to  insist  on  such  a  copy  ;  that  it  was  their  right 
to  have  access  to  him  on  public  business ;  that  liis 
denial  of  access  was  a  violation  of  their  rights,  con- 
trary to  his  solemn  promise  to  the  speaker,  tending 
to  the  destruction  of  all  intercourse,  and  to  the  utter 
subversion  of  the  constitution ;  and  that  whoever  ad- 
vised it,  had  endeavored  to  create  dissensions,  stop 
the  intercourse  for  public  business,  and  is  an  enemy 
to  the  General  Assembly  of  this  colony,  and  of  the 
people  whom  they  represent. 

Notwithstanding  these  violences,  the  Governor 
passed  three  bills- on  the  28th  of  October:  one  for 
reviving  that  to  raise  eighteen  hundred  poonds  for  a 
college  by  a  lottery ;  another  to  continue  the  duty 
act  for  the  support  of  government ;  and  a  third,  for 
the  payment  of  the  forces.  On  the  12th  of  Novem- 
ber, he  sent  for  them  again,  and  passed  three  more 
bills,  and  then,  in  a  speech  in  answer  to  their  re- 
solves, observed : 

That  it  was  his  duty  to  preserve  the  King^s  autho- 
rity ;  that  they  violated  the  rules  of  decency,  and 
were  answerable  for  the  consequences;  that  their 
right  to  access,  and  his  promise  to  allow  it,  are  con- 
nected, and  both  to  be,  when  the  King's  service  and 
the  public  good  require  it,  of  which  he  had  a  right  to 
judge  as  well  as  they. 

He  then  censures  their  appealing  to  the  people 
instead  of  the  Crown,  to  whom  he  had  told  them  he 
should  send  their  paper  of  address. 


124 


[Chap.  II. 


m 


He  confesses  that  he  passes  some  of  their  bills  with 
reluctance,  and  only  on  account  of  the  public  exi- 
gencies ;  and  then  put  an  end  to  the  services  of  the 
year,  by  a  long  prorogation  to  tlie  14th  of  March. 

The  poverty  and  number  of  the  public  creditors, 
and  tlie  sufferings  of  the  unredeemed  captives  in 
Canada,  called  for  an  earlier  meeting  of  the  Assem- 
bly than  the  28th  of  June,  a  season  of  all  others  most 
inconvenient  to  a  Senate  of  husbandmen,  who  were 
just  then  entering  into  their  harvests.  The  Governor 
iiad  need,  therefore,  of  an  apology  for  postponing  the 
session ;  and  his  expectations  of  direction  from  go- 
vernment on  the  modern  mode  of  providing  annually 
ibr  the  civil  list,  was  the  pretext  for  this  delay.  The 
speech  held  up  no  other  object  to  their  attention : 
,  what  he  demanded  was  a  revenue,  and  the  payment 
of  debts,  in  a  manner  conformable  to  the  directions 
of  the  King's  commission  and  .instructions.  Having 
at  the  last  session  passed  the  revenue  bill,  without 
another  to  supply  it,  which  had  not  been  offered  to 
him,  he  now  observed,  that  there  was  money  in  the 
Treasury  granted  to  his  Majesty,  not  a  farthing  of 
which  he  could  pay  out.  This  he  called  an  incon- 
sistency, repugnant  to  the  constitution,  prejudicial  to 
the  King's  service,  and  which,  he  said,  must  be  reme- 
died :  and  he  required  an  answer  in  direct  and  posi- 
tive terms,  before  they  took  up  any  other  business, 
whether  they  would  grant  a  revenue  agreeably  to 
royal  directions,  or  not. 

With  a  copy  of  his  speech,  he  gave  them  a  clause 
of  his  commission,  dated  3d  of  July,  1741,  declaring 
it  to  be  his  Majesty's  pleasure,  that  all  public  monies 
be  issued  by  the  Governor's  warrant,  with  the  advice 
of  the  Council,  and  disposed  of  for  the  support  of  go- 
vernment, and  not  otherwise ;  with  copies  of  the  tif- 
teenth  and  thirty-second  instructions  of  the  10th  of 
September, '1741  ;  the  former  requiring,  that  no  law 
for  any  imposition  on  wine  or  other  strong  liquors,  be 
be  made  to  continue  for  less  than  one  whole  year; 
and  that  all  other  laws  for  the  supply  and  support  of 
government,   be  indeiinilo   and   without  limitation, 


'S^:nv  '*'  u»i.'^WT-»r**^^'«i^'   wiw*'  'i^g"*  ■  — "■  ""^  ■  '^•"'   --y ' 


I         ipi  i<TBP»i^W^**^w 


[Chap.  II. 

of  their  bills  with 
f  the  public  exi- 
le  services  of  the 
1 4th  of  March, 
public  creditors, 
juied  captives  in 
ing  of  the  Assem- 
of  all  others  most 
ndmen,  who  were 
s.    The  Governor 
for  postponing  the 
lirection  from  go- 
iroviding  annually 
ir  this  delay.  The 
to  their  attenlion: 
,  and  the  payment 
e  to  the  directions 
ructions.     Having 
enue  bill,  without 
ot  been  offered  to 
was  money  in  the 
,  not  a  farthing  of 
3  called  an  incon- 
ition,  prejudicial  to 
said,  must  be  reme- 
in  direct  and  posi- 
my  other  business, 
enue  agreeably  to 

rave  them  a  clause 
ily,  1741,  declaring 
it  all  public  monies 
tnt,  with  the  advice 
r  the  support  of  go- 
th  copies  of  the  lif- 
ions  of  the  10th  of 
uiring,  that  no  law 
ir  strong  liquors,  be 
m  one  whole  year ; 
)ply  and  support  of 
without   limitation, 


1749.] 


125 


except  the  same  be  for  a  temporary  service,  to  expire 
and  have  their  full  effect  within  the  time  therein  pre- 
fixed ; — and  the  latter,  commanding  him  not  to  suffer 
any  public  money  whatsoever  to  be  issued  or  dispon- 
ed of,  otherwise  than  by  warrant  under  his  hand,  with 
the  advice  of  the  Council ;  with  leave  to  the  Assem- 
bly nevertheless,  from  time  to  time  to  view  and  ex- 
amine the  accounts  of  money,  or  value  of  money, 
disposed  of  by  virtue  of  laws  made  by  them,  which 
he  is  to  signify  to  them  as  there  should  be  occasion. 

After  seven  days,  their  committee  brought  in  their 
address,  which  was  instantly  approved,  and  the 
speaker  ordered  to  sign  the  very  copy  prepared,  of 
which  mention  is  here  made,  to  show  their  unanimity, 
though  the  Governor  thought  it,  and  not  without  rea- 
son, a  proof  of  the  resignation  of  the  members  to  an 
implicit  confidence  in  their  leaders. 

They  tell  him  that  his  instructions  are  not  new, 
though  he  insinuates  that  they  are,  but  more  ancient 
than  the  modern  annual  provision;  that  they  per- 
ceive no  commAhd  for  a  five  years'  support,  nor  that, 
if  the  crowA>fficers  are  paid,  that  it  makes  any  dif- 
ference whether  the  provision  be  annually,  or  for  a 
given  terra  of  ye'ars ;  that  they  retain  the  opinion  they 
suggested  last  autumn,  having  since  received  no  new 
light,  that  the  distresses  of  the  public  creditors  are 
imputable  to  his  prorogation  of  the  12th  of  Novem- 
ber, by  which  the  application  bill  was  lost :  they  re- 
mind  him  of  their  votes  for  the  redemption  of  the 
captives;  and  conclude  with  asserting,  that  "the 
faithful  representatives  of  the  people  can  never  re- 
cede from  the  method  of  an  annual  support." 

The  Governor  refused  to  receive  this  address,  un- 
til he  had  a  copy  of  it ;  and  they  resolved,  as  before 
mentioned,  that  he  had  no  right  to  insist  upon  it. 

He,  on  the  other  hand,  alleged,  that  the  King  al- 
ways had  copies  of  addresses  before  they  were  pub- 
licly preferred,  and  that  such  had  been  thp  usage  in 
this  colony;  and  that  he  claimed  a  right  to  know 
their  transactions,  because  he  had  authority  to  re- 
strain them  to  a  dus  course.  Taxing  them  with  heat 


i 


'f 


i 
i 

i 

■  i . 


126        .  L^^'iaP- "' 

and  precipitation,  he  observed,  that  they  met  after 
nine  o'clock,  when  they  received  and  approved  the 
address  ;  and  that  the  messengers  were  with  him  for 
fixing  a  time  to  present  it,  before  ten  the  same  morning. 
Confessing  now  that  he  had  seen  it  in  the  minutes 
brought  by  the  Clerk,  he  informed  them  that  they 
might  present  it  immediately.  This  done,  he  adjourn- 
ed them  from  the  7th  to  the  1  Jth  ;  and  the  day  after, 
by  a  message,  he  observes,  upon  the  difference  be- 
tween his  conduct  and  theirs,  that  after  every  proro- 
gation, he  spoke  as  though  they  had  never  disagreed, 
but  that  they  constantly  calumniated  his  administra- 
tion.   He  proceeds  then  to  vindicate  himself  from  the 
suggestions,  that  the  non-redemption  of  the  Canada 
captives  was  his  fault ;  that  he  could  not  find  a  man 
who  would  perform  any  services  for  them  upon  the 
credit  of  their  resolves,  nor  was  it  to  be  wondered  at, 
since  they  had  not,  though  urged  to  it,  paid  the  ex- 
penses of  the  last  flag,  contracted  on  their  vote  of  the 
27th  of  June,  1748.     He  complains  of  their  pervert- 
ing his  speech,  with  a  view  to  mislaid;  denies  that 
his  present  demand  was  for  a  five  year^upport,  but 
that  it  chiefly  referred  to  the  method  of  issuing  pub- 
lic money ;  that  he  knew  the  sentiments  of  adminis- 
tration, "  and  they  might  have  at  least  guessed  at 
them,  by  the  bill  lately  brought  into  Parliament,  and 
published  in  this  place,  for  enforcing  the  King's  in- 
structions.*   It  is  an  essential  part  of  the  English  con- 


*  A  bill  to  regulate  and  restrain  paper  bills  of  credit  in  the  colonies,  pre- 
vent them  from  being  a  tender,  and  to  enforce  the  King's  instructions.  It 
was  ordered  to  be  brought  in  the  16th  of  February,  1749,  by  Mr.  Horatio 
Walpole,  Lord  Dapplin,  Mr.  Alderman  Baker,  and  others.  It  had  been 
long  in  agitation  at  the  Board  of  Trade,  and  was  nearly  on  the  model  of 
one  brought  into  Parliament  four  years  before.  Mr.  Charles  gave  early 
notice  of  it  to  the  speaker,  by  a  letter  of  the  2d  of  March,  1749.  The 
last  four  clauses  insidiously  gave  the  royal  instructions  the  efficacy  of  laws. 
It  was  at  first  little  adverted  to,  and  when  its  tendency  was  discovered,  the 
advocates  disowned  the  intention  ascribed  to  it.  When  the  counsel  were 
ready,  (Ist  of  Mav,  1749,)  they  were  directed  by  the  speaker  to  confij'e 
themselves  to  the  first  parts  of  it,  in  consequence  of  a  declaration  made  by 
some  of  its  promoters,  that  the  other  parts  would  be  dropped,  f'le  bill, 
after  debate,  was  postponed  for  further  information  concerning  the  state  ot 
the  paper  currency  in  the  plantations,  and  the  King  applied  to  for  orders 
ou  that  subject. 


Mgj^jgje^.yjjjBi^aaji,%iiia^^ 


'"  'JWHWW 


[(Jhap.  IL 

they  met  after 
1  approved  the 
re  with  him  for 
e  same  morning. 

in  the  minutes 
them  that  they 
»ne,  he  adjourn- 
il  the  day  after, 
!  difference  be- 
er every  proro- 
lever  disagreed, 

his  administra- 
limself  from  the 
I  of  the  Canada 
[  not  find  a  man 

them  upon  the 
be  wondered  at, 
it,  paid  the  ex- 
their  vote  of  the 
»f  their  pervert- 
•kl;  denies  that 
ir^upport,  but 
I  of  issuing  pub- 
G*nts  of  adminis- 
east  guessed  at 
Parliament,  and 
ig  the  King's  in- 
the  English  con- 


dit  in  the  colonies,  pre- 
King's  instructions.  It 
,  1749,  by  Mr.  Horatio 
d  others.  It  had  been 
nearly  on  the  model  of 
At.  Charles  gave  early 
jf  March,  1749.  The 
)ns  the  efficacy  of  laws, 
icy  was  discovered,  the 
kVhen  the  counsel  wer« 
r  the  speaker  to  confine 
r  a  declaration  made  by 
be  dropped.  T'le  bill, 
concerning  the  state  of 
Ig  applied  to  for  orders 


1749.J 


127 


btitution,  that  ihc  power  of  g't-anting  the  money  and 
of  issuing  it,  be  in  different  branches  of  the  constitu- 
tion, as  the  best  method  to  prevent  misapplication ; 
tor  if  those  who  grant  the  money,  had  likewise  the 
power  ofdistributing  it  among  their  friends  and  rela- 
tions, under  any  pretences  of  public  service,  there 
can  be  none  to  call  them  to  account  for  niisapplica- 
t^   1."     And  again ;  "  You  have  given  money  to  pri- 
vate persons  for  services  not  recommended,  and  for 
services  of  which  1  to  this  3ay  remain  ignorant;  and 
by  mixing  of  the  grants  in  the  same  bi'»  wherein  you 
provided  for  the  support  of  governmeia,  or  other  ne- 
cessary services,  you  put  me  umicr  the  necessity  of 
giving  my  assent  to  them,  or  of  leaving  the  govern- 
ment without  support.     This  is  so  dangerous  an  in- 
vasion of  his  Majesty's  preroga  >e,  and  so  injurious 
to  the  people  of  this  province,  that  you  may  assure 
yourselves  it  will  not  be  suffered  to  continue." 

He  importunes  them  for  satisfaction  to  Col.  John- 
son; and  closes  with  eYitreating  them  to  consider 
•'  the  great  liberties  they  are  indulged  with,  and  what 
may  be  the  consequences,  should  our  mother  coun- 
try suspect  that  you  have  a  design  to  lessen  the  pre- 
rogative of  the  Crown  in  the  plantations.  The  Ro- 
mans did  not  allow  the  same  privileges  to  their  colo- 
nies which  the  other  citizens  enjoyed ;  and  you  know 
in  what  manner  the  republic  of  Holland  governs  her 
colonies.  Endeavor,  then,^  to  show  your  great  thank- 
fulness for  the  great  privileges  you  enjoy." 

The  House  tells  him,  by  another  address,  thai  ho 
had  renewed  the  differences  by  the  demand  of  a  five 
years'  support.  They  had  agreed  suddenly  to  their 
last  address,  but  it  is  true,  and  not  the  less  so  for  be- 
ing spoken  in  half  an  hour.  They  see  still  no  reason 
why  the  captives  were  not  released :  their  waiting 
for  accounts,  was  the  cause  of  their  delay  in  provid- 
ing for  the  expenses  of  the  late  flag,  and  the  satisfac- 
tion of  Colonel  Johnson's-demands. 

To  his  boast,  that  he  had  neither  invaded  liberty 
or  property,  tliey  reply  with  a  wish,  that  the  breach 
upon  the  store-  at  Albany,  the  letters  to  the  Judge, 


i 


"•VMynwnniWVTW^W" 


via 


[Chap.  II. 


Sheriff;  and  Clerk  of  Dutchess,  and  his  attempts  upon 
the  liberty  of  the  press,  were  buried  in  oblivion. 
They  submit  to  the  judgment  of  tho  world,  whether 
the  object  of  his  last  speech  is  not  an  indefinite  sup- 
port. They  insist  that  many  services  are  provided 
for  by  Parliament,  not  recommended  by  the  Crown ; 
that  for  every  provision  they  make,  the  act  mentions 
the  service ;  that  it  is  himself  that  endeavors  to  mis- 
lead the  people.  They  admit  it  to  be  the  usage  of 
Parliament  to  raise  sums  tor  uses,  and  leave  the  dis- 
position to  the  King :  but  there  is  a  difference  be- 
tween Kings  and  Governors — the  case  of  a  people 
under  the  royal  eye,  and  those  f\t  a  distance.  The 
King  can  have  no  interest  disunited  from  his  sub- 
jects, and  his  officers  are  amenable  to  justice  in 
'Great  Britain:  but  Governors  are  generally  stran- 
gers, aiid  without  estates,  in  the  pjaces  they  govern  ; 
seldom  regard  the  welfare  of  the  ^people :  uncertain 
in  their  stay  and  offices,  all  engines  are  contrived  to 
raise  estates;  and  they  can  never  want  pretexts  for 
misapplication,  if  they  had  the  disposition  of  money. 
Nor  can  there  be  any  redress;  the  representatives 
cannot  call  them  to  account — they  cannot  suspend 
the  Council :  the  Lords  of  Trade  have  thought  it 
reasonable  to  oblige  the  Assembly,  as  much  as  pos- 
sible, with  the  disposition  of  public  money ;  they  will 
not  believe  the  Km^  has  other  sentiments. 

The  Governor  refused  this  address,  but  proposed 
to  throw  the  services  not  recommended  by  him  into 
a  separate  bill ;  and  sent  them  a  copy  of  his  twelfth 
instruction,  importing,  that  for.  different  matters  dis- 
tinct laws  be  enacted,  but  nothing  foreign  from  the 
title  inserted,  and  that  there  be  no  impHcative  re- 
peals. 

The  House,  flamed  again,  renewed  their  resolves 
on  the  right  of  access,  and  the  enmity  of  his  adviser ; 
refused  to  proceed,  until  they  were  satisfied  for  the 
injury  their  address  received ;  and  that  they  would 
then  provide  for  the  public  creditors,  whose  disap- 
pointments they  impute  to  his  prorogation  of  the 
12th  of  November. 


>»««P<k(^«M!l|klMimi9H^^ 


~»"S 


[Chap.  II. 

attempts  upon 
d  in  oblivion, 
eorld,  whether 
indefinite  sup- 
,  are  provided 
by  the  Crown ; 
e  act  mentions 
leavors  to  mis- 
e  the  usage  of 
I  leave  the  dis- 
difference  be- 
3e  of  a  people 
listance.    The 
from  his  sub- 
j  to  justice  in 
enerally  stran- 
ds they  govern ; 
(pie :  uncertain 
ire  contrived  to 
ant  pretexts  for 
sition  of  money, 
representatives 
cannot  suspend 
lave  thougnt  it 
IS  much  as  pos- 
oney;  they  will 
lents. 

I,  but  proposed 
led  by  him  into 
y  of  his  twelfth 
ent  matters  dis- 
>reign  from  the 
implicative  re- 

d  their  resolves 
of  his  adviser ; 
satisfied  for  the 
hat  they  would 
s,  whose  disap- 
rogation  of  the 


1749.] 


129 


To  these  which  they  sent  him,  he  returned  his  for- 
mer answer,  tlial  the  ad<lrcss  wanted  respect,  and  he 
should  lay  it  before  the  King's  Ministers ;  and  re-im- 
plored their  commiseration  of  the  public  creditors. 
This  message  they  voted  not  only  unsatisfactory,  but 
a  breach  of  their  privileges;  and  did  nothing  after  it 
but  meet  and  adjourn,  from  the  21st  of  July  to  the 
4th  of  August;  when,  after  delivering  a  long,  heated, 
vindicatory  speech,  he  prorogued  the  Assembly. 

Mr.  Clinton  began  to  discern,  that  the  heated  coun- 
cils of  Mr.  Golden  on  the  one  hand,  and  of  Chief  Jus- 
tice Delancey  on  the  other,  might  endanger  his  recall 
to  England,  or  the  appointment  of  a  new  Governor. 

He  now  became  intimate  with  Mr.  Chief  Justice 
Morris,  who  was  meditating  a  voyage  to  England,  to 
give  success  to  the  project  of  the  general  proprietors 
of  New-Jersey,  for  establishing  the  line  of  partition 
between  that  colony  and  this. 

I  have  already  observed  that  Mr.  Charles,  though 
agent,  was  directed,  in  April  1748,  to  oppose  the 
royal  confirmation  of  the  Jersey  act  for  running  the 
line.  Mr.  Morris,  who  was  named  in  a  commission 
with  Mr.  Alexander  and  Mr.  Parker,  had  produced 
the  commission  and  a  copy  of  the  act  to  our  Assem- 
bly, on  the  28th  of  Jime  following,  and  desired,  if 
there  were  objections  to  it,  that  they  might  be  com- 
municated to  the  Commissioners,  or  to  the  govern- 
ment of  New-Jersey.  On  the  20th  of  October,  there 
was  a  petition  from  certain  persons  affected  by  the 
New-Jersey  claims,  to  be  heard  against  the  new  act. 
They  were  heard  the  28th  of  October ;  and  the  next 
day  the  House  resolved,  that  their  objections  were 
strong  and  well  grounded,  and  the  petitioners  order- 
ed to  prepare  written  proofs  to  support  them,  to  be 
communicated  to  Mr.  Charles ;  and  a  motion  of  Col. 
Morris's,  for  charging  the  proprietors  with  the  ex- 
penses of  the  controversy,  rejected  on  the  previous 
question. 

It  was  expedient  to  the  Governor  that  the  King's 
ministers  should  be  made  acquainted  with  the  true 
springs  of  the  opposition  to  Mr.  Clinton,  and  his  con- 

17 


130  '  [Chap.U. 

iluct  defended  by  suggestions  not  easily,  nor  perhaps 
safely,  to  be  communicated  upon  paper. 

Mr.  Morris's  voyage  furnished  the  Governor  with  a 
solicitor  of  no  mean  art  and  address,  and  he  under- 
took the  office  with  the  more  cheerfulness  trom  the 
animosity  which  had  long  subsisted  between  the  ta- 
milies  of  Morris  and  Delancey,  the  hope  ol  becoming 
Lieutenant  Governor  by  Mr.  Clinton's  interest,  and  ot 
engaging  the  influence  of  the  Newcastle  patronage 
in  tavour  of  the  proprietary  object  for  establishing 
au  advantageous  boundary  projected  by  Mr.  Alexan- 
der in  the  year  1719.  . 

Mr.  Colden  could  not  be  an  advocate  in  every  part 
of  this  8»  heme,  as  it  would  deprive  him  of  the  suc- 
cession to  the  command  as  eldest  Counsellor,  and  he 
hoped  lay  his  zeal  for  the  prerogative  to  retommend 
himself  lo  the  rank  aimed  at  by  Mr.  Morns.     He  was, 
therefore,  to  be  used  no  longer  than  till  he  had  assist- 
ed in  such  representations  of  the  state  of  the  colony 
as  Mr.  Morris  was  to  be  charged  with,  m  justification 
of  the  Governor,  and  for  drawing  down  the  resent- 
ment of  the  Crown  upon  his  opposers.    The  (jovcr- 
nor's  intentions,  in  favour  of  Mr.  Morris,  were  to  be 
a  secret.     Mr.  Colden  was  afterwards  dismissed,  and 
the  loss  of  his  services  supplied  by  Mr.  Alexander, 
with  whom  Mr.  Clinton  had  a  good  understanding, 
and  for  or  by  whom  he  had  been  prevailed  upon  to 
write  a  letter  to  the  Lords  of  Trade  on  the  7  th  of  Oc- 
tober 1748,  (not discovered  till  1753,)  calculated  to 
facilitate  the  King's  confirmation  of  the  Jersey  act, 
for  the  establishment  of  the  Hue  of  partition  so  much 
desired  by  the  proprietors  of  the  eastern  part  ol  that 
colony.* 


*  They  made  use  of  it  before  the  Commissioners  for  plantation  affairs  at 
the  hearing  on  the  opposition  to  the  confirmation  of  the  Jersey  act.  Mr. 
Charles  procured  a  copy  of  it,  and  transmitted  it  to  Mr  Jones  ...  h.s  lette. 
of  the  12th  June  1753,  and  .t  pave  such  umbrage  to  the  popular  party  ol 
that  day  that  it  deserves  a  place  in  these  notes  : 

"  Mv  Lords, 
«'  i  some  time  since  received  a  copy  of  an  act,  passed  by  the  Legislature 
of  New- Jersey,  for  running  the  line  of  partition  and  division  between  that 


XA'",. ■.'•'" 


*jii,j.i'imM 


ii'inimij 


[Chap. 


11. 


11  i9.} 


nt 


sily,  nor  perhaps 

ler. 

Governor  with  a 

1,  and  he  unJer- 
fulness  from  the 
[  between  the  fa- 
ope  of  becoming 
's  interest,  and  of 
castle  patronage 
for  estabhshing 
d  by  Mr.  Alexan- 

;ate  in  every  part 
!  him  of  the  suc- 
ounsellor,  and  he 
ve  to  recommend 
Morris.     He  was, 
till  he  had  assist- 
ate  of  the  colony 
th,  in  justification 
down  the  resent- 
crs.    The  Govcr- 
lorris,  were  to  be 
ds  dismissed,  and 
»y  Mr.  Alexander, 
>d  understanding, 
prevailed  upon  to 
son  the  TthofOc- 
53,)  calculated  to 
>f  the  Jersey  act, 
partition  so  much 
astern  part  ol  that 


irs  for  plantation  affairs  at 

1  of  the  Jersey  act.     Mr. 

to  Mr.  Jones  in  his  letter 

ge  to  the  popular  party  of 


passed  by  the  Legislature 
and  division  between  that 


The  Lords  of  Trade  were  easily  excited  to  espouse 
the  cause  of  the  Governor,  and  began  an  exhibition  of 
the  state  of  the  colony  to  his  Mnjesty,  but  proceeded 
so  slowly  that  Mr.  Clinton's  hopes  of  a  victory  over 
the  Assembly,  whom  he  had  frequently  prorogued  in 
expectation  of  it,  were  exhausted.  He,  therefore^ 
dissolved  the  House,  determining,  if  he  was  not  sup- 
ported by  the  ministry,  to  give  way  to  the  anti-Cos- 
byan  doctrine  of  annual  supplies,  and  the  rather,  be- 
cause it  was  impossible  for  him  to  form  a  party  in 
his  fovor,  till  the  clamors  of  the  public  creditors 
were  appeased. 

Mr.  Jones  had  the  honor  to  be  seated  again  in  the 
chair  when  the  new  Assembly  mot  on  the  4th  of  Sep- 
tember 1750,  in  which  but  six  new  members  were  in- 
troduced. 

The  business  opened  by  the  speech  was,  the  sup- 
port of  Oswego,  an  attention  to  the  Indians,  provision 
tor  the  officers  of  government  who  had  been  two 
years  unpaid,  and  the  discharge  of  the  public  debts. 
In  frammg  bills  for  raising  money,  he  recommended  a 


province  and  this,  and  was  at  the  same  time  informed,  that  the  Jersey  oro- 
pnetors  intended  to  apply  for  his  Majesty's  royal  approbation  of  the  same. 
1  here  have  been  many  disorders  committed  on  the  borders  of  these  pro- 
vinces,  occasioned  by  the  lines  remaining  unsettled.  Of  somo  of  these  dis- 
orders I  had  information  given  me  by  the  late  Governor  of  New- Jersey  bv 
whom  I  was  required  to  join  in  the  settlement  of  the  line,  pursuant  to  acts 
then  and  still  in  force  in  both  provinces  for  that  purpose;  which  I  should 

f^^^'}'  f'  *""*'  "'?""  '"1"'"ne  into  'he  matter,  I  found  thai  ihesum 
01  ;fc300,  formerly  raised  in  this  province  by  act  of  the  4th  King  Geo  I 
had  been  long  ago  drawn  out  of  the  treasury  and  paid  to  commissioners  ind 
surveyors  employed  in  that  service  and  are  since  dead,  and  no  other  monev 
was  ever  appropriated  in  this  province  for  that  service  that  I  can  learn 
I  also  found,  that  all  the  lands  along  the  line,  for  many  miles  within  this 
province,  were  granted  away  to  private  persons,  upon  trifling  quit-rents  to 
the  owners  of  the  lands.  I  referred  the  matter,  and  recommended  an  ami- 
cable  agreement  between  Uiem  and  the  Jersey  proprietors,  who  had  a 
meeting  for  that  purpose,  but  nothing  was  agreed  upon.  As  it  does  not  ao- 
pear  to  me,  that  the  interest  of  the  Crown  or  of  this  province,  in  general 
are  in  any  ways  cone  irned  in  the  matter,  but  only  the  patentees  of  the 
lands  along  that  line,  I  shaU  decline  giving  your  Lordships  any  trouble  in 
the  affair,  leaving  it  to  the  particular  persons  concerned  to  take  such  stens 
as  they  shall  think  proper.  Thus  much  I  thought  it  necessary  to  say  m 
order  to  explain  the  reasons  of  my  conduct  in  this  affair,  and  am  with  great 

"  Fort  George,  in  the  city  of  JVew-  York,  llh  Oct.  1718." 


M 
Mi 


""""^^M'ly^sw^?^^^"''' 


132 


[Chap.  II. 


■i 


conformity  to  his  commifsion  and  instructions,  re- 
marking, that  these  were  planned  at  the  revolution 
by  those  great  ministers  so  distinguished  bjf  their 
knowledge  and  zeal  for  the  constitution.  This  was 
thought  necessary,  not  only  to  prevent  a  popular  tri- 
umph, but  that  the  Governor  might  not,  by  the  arrival 
of  any  instructions,  be  exposed  to  retract  with  dis- 
grace. Besides,  it  inspired  the  House  with  some 
dread,  many  of  the  public  creditors  imputing  their 
disappointments  rather  to  party  rage  than  patriotic 

designs. 

The  Assembly,  unwilling  to  cavil  at  the  commencc- 
meut  of  the  session,  presented  a  short  and  cold  ad- 
dress—thanking the  Governor  for  his  promise  to  pro- 
mote the  peace  and  prosperity  of  the  colony,  and 
giving  him  theirs  of  an  immediate  attention  to  what 
he  had  recommended. 

The  session  continued  to  the  24lh  of  November, 
the  Governor  and  his  Assembly  proceeding  with 
equal  caution.  They  fearing  that  he  would  reject  the 
annual  support  bills,  and  he  their  keeping  them  back. 
Both  were,  therefore,  pleased  at  the  close  of  it,  for 
thirty-five  acts  were  then  passed  of  general  or  parti- 
cular utility  :  the  currency  of  paper  money  prolong- 
ed ;  the  credit  of  our  staple  of  flour  secured ;  most 
of  the  public  creditors  satisfied;  the  arrears  of  the 
officers  of  government  paid,  and  provision  made  for 
them  and  the  agent  for  the  ensuing  year;  and  the 
digest  of  the  laws  of  the  colony,  beginning  at  the 
revolution. 

Among  the  causes  for  the  present  moderation  of 
the  Assembly,  I  must  not  omit  the  intelligence  of  the 
attention  of  government  to  the  true  sources  of  the 
public  animosities.  It  was  communicated  to  the 
House  by  Mr.  Charles,  and  it  cooled  the  ardor  of  their 
leaders.  "  I  am  informed  (says  he  in  his  letter  of  the 
29th  of  March  1750)  that  the  Board  of  Trade  are 
now  preparing  a  representation  of  the  state  of  the 
province  of  New-York,  to  be  laid  before  his  Majesty 
in  Council;  and  I  understand,  time  will  be  given  to 


i»W« 


Kprnmrnf 


[Chap.  II. 

instructions,  rc- 
t  the  revolution 
uishcd  bjr  their 
tion.  This  was 
nt  a  popular  tri- 
at,  by  the  arrival 
etract  with  dis- 
ouse  with  some 
}  imputing  their 
;e  than  patriotic 

t  the  commence- 
ort  and  cold  ad- 
8  promise  to  pro- 
the  colony,  and 
ttention  to  what 

Ih  of  November, 
proceeding  with 
would  reject  the 
eping  them  back. 
le  close  of  it,  for 
general  or  parti- 
r  money  prolong- 
ir  secured;  most 
he  arrears  of  the 
ovision  made  for 
ng  year ;  and  the 
beginning  at  the 

!nt  moderation  of 
ntclligence  of  the 
le  sources  of  the 
nunicated  to  the 
the  ardor  of  their 
in  his  letter  of  the 
ard  of  Trade  are 
■  the  state  of  the 
)efore  his  Majesty 
i  will  be  given  to 


1750.] 


133 


all  persons  interested  to  be  fully  heard,  before  any 
determination  shall  be  made  thereupon." 

It  was  at  this  session  that  the  ey  .ise  of  opposinn- 
the  Jersey  partition  act  was  voted  to  be  a  provincial 
charge,  an  advantage  derived  to  the  New-York  pro- 
prietors from  the  party  spirit  of  that  day,  influenced 
by  the  Delancey  tamily,  and  stimulated,  in  part,  by  a 
small  interest  they  then  had  in  the  patent  of  the  Mi- 
nisink,  affected  by  the  Jersey  claim;  but  much  more  to 
sacrifice  to  the  idol  of  popularity,  and  cross  the  new 
confidants  on  whom  Mr.  Clinton  now  relied.  It 
will  appear  in  the  sequel,  that  they  duped  their  coun- 
trymen more  for  the  same  views,  till  they  were  no 
longer  of  any  use  to  their  ambition,  and  that  when  one 
of  the  demagogues  of  that  House  became  himself, 
several  years  f>  terwards,  a  proprietor  of  New-Jersey, 
the  interest  of  New-York  was  abandoned,  and  by 
his  influence  and  artifice  sacrificed  to  his  avarice. 

Mr.  Speaker  Jones's  letter  to  the  agent  showed  not 
only  the  spirit  and  idea  of  the  Assembly  respecting 
the  New-York  title,  but  Chief  Justice  Delancey's 
opinion  was  then  sirenuously  contended  for  in  all 
companies  by  him  and  his  party.    Mr.  Charles  had 
hinted  at  the  propriety  of  leaving  the  controversy  to 
commissioners,  as  the  proper  mode  for  settling  it ;  to 
which  it  is  answered^'' As  to  your  intimation  of  hav- 
ing commissioners  appointed  for  ascertaining  the  line 
of  partition,  I  am  to  acquaint  you,  that  inasmuch  as 
the  Crown  is  concernetl  as  well  as  many  hundreds  of 
his  Majesty's  subjects  of  this  colony,  we  choose  to 
have  a  hearing  and  rely  on  the  merits  of  our  cause, 
unless  the  agents  for  New-Jersey  will  agree  to  be 
governed  by  the  boundaries  of  the  patent,  granted 
by  King  Charles  the  second  to  his  brother  James 
Duke  of  York,  the  12th  March,  in  the  16ih  year  of 
his  reign,  which  boundaries,  given  by  the  Crown  to 
the  Duke  of  York,  are  as  follows,  viz. — '  All  that  isl- 
and or  islands,  called  by  the  several  names  of  Maso- 
wacks  or  Long  Island,  situate,  lying  and  being  to  the 
west  of  Cape  Cod,  and  the  narrow  Higgansett,  upon 
the  main  land  between  the  two  rivers  there  called  or 


"jgjlji;jgji,w 


IJl 


[Chap.  II. 


known  by  lh<^  several  names  ol  Connecticut  and  Hud- 
son's river;  together  with  the  said  river  called  Hud- 
son's river,  and  all  the  lands  from  the  west  side  of 
Connecticut  river  to  tlie  east  of  Delaware  bay,  with 
the  powers  of  government.'  If  then  the  Jersey  agents 
will  agree,  that  the  head  of  Delaware  bay,  which  is 
at  Reedy  Island,  is  their  north  bounds  on  Delaware, 
which  wc  conceive  is  conformable  to  the  patent  from 
King  Charles  the  second  to  the  Duke  of  York,  and 
run  a  line  from  thence  to  the  latitude  of  41  degrees 
on  Hudson's  river,  we   are  willing   commissioners 
should  be  appointed  to  see  the  line  run  ;  for  as  to  the 
boundaries  described  in  the  patent  granted  by  the 
Duke  of  York  to  John  Lord  Berkley,  &c.  we  con- 
ceive, they  are  no  otherwise  to  be  regarded  in  this 
dispute  than  as  fixing  the  north  bound  on  Hudson's 
river,  because  the  said  Duke  could  not  extend  his 
grant  to  them  higher  on  Delaware  bay  or  river  than 
was  granted  to  him  by  his  brother  King  Charles  the 
second ;  the  north  boundary  of  which  grant  from  King 
Charles  we  take  to  be  at  Reedy  Island,  or  the  head  of 
Delaware  at  that  place  where  that  river  divides  it- 
self  into  two  branches,  commonly  called  the  Forks 
of  Delaware,  and  run  a  line  from  thence  to  forty-one 
degrees  of  latitude  on  Hudson's  river — this  colony, 
with  the  assent  of  the  Crown,  will  agree  to  it,  and 
that  commissioners  shall  be  appointed  to  see  it  run; 
otherwise  you  are  to  proceed  to  a  hearing,  and  to  in- 
sist on  the  boundaries  granted  by  King  Charles  to  liis 
brother  the  Duke  of  York." 

So  early  as  at  this  time  Mr.  Clinton  gave  notice  of 
the  activity  of  the  French  emissaries  in  practising 
upon  the  Indians  on  the  river  Ohio.  He  proposed  a 
treaty  with  them  in  conjunction  with  Mr. Hamilton  the 
Governor  of  Pennsylvania,  to  secure  their  fidelity. 
The  Assembly  excused  themselves  in  an  address,  on 
account  of  their  burdens  during  the  war,  of  which 
that  province,  though  benefited  by  them,  had  borne 
no  part.  The  Governor  gave  them  a  calm  answer, 
and  offered  his  services  if  they  would  provide  for  the 
expense.      The   House   then  voted  eight  hundred 


11.  II   I  ll^lpll,l 


[Chap.  11. 

t!licut  and  Hud- 
er  called  Hud- 
lie  west  side  of 
Lware  bay,  with 
c  J  crsey  agents 
13  bay,  which  is 
8  on  Delaware, 
the  patent  from 
B  of  York,  and 
;  of  41  degrees 

commissioners 
in  ;  for  as  to  the 
granted  by  the 
ey,  &c.  we  con- 
egarded  in  this 
nd  on  Hudson's 

not  extend  his 
ly  or  river  than 
ing  Charles  the 
grant  from  King 
1,  or  the  head  of 
river  divides  it- 
ailed  the  Forks 
;nce  to  forty-one 
er — this  colony, 
agree  to  it,  and 
ed  to  see  it  run; 
aring,  and  to  in- 
ig  Charles  to  his 

>n  gave  notice  of 
les  in  practising 

He  proposed  a 
Mr. Hamilton  the 
re  their  fidelity, 
nan  address,  on 
e  war,  of  which 
them,  had  borne 

a  calm  answer, 
d  provide  for  the 
I  eight  hundred 


i7iO.J 


I'M) 


pounds  for  presents,  and  one  hundred  and  fifty  pounds 
more  for  his  disbursements  in  attending  a  new  treaty 
with  the  Six  Nations ;  but  offi^ring  to  provide  for  them 
by  a  separate  bill,  to  wliich  the  Council  proposed 
amendments  (not  concurred  in  bijcause  it  was  a  mo- 
ney bill)  it  was  lost,  but  the  substance  of  it  (acked  to 
the  salary  bill.  The  French  scheme  of  settling  and 
fortifying  in  that  part  of  the  Indian  country,  was  one 
of  the  principal  causes  of  the  new  war  of  J  756 ;  nor 
shall  I  omit,  that  it  was  at  this  session  the  House 
adjudged  the  arrest  of  a  candidate  on  tlje  day  be- 
fore his  election  to  be  a  member  of  tlie  House  to  be 
illegal. 

it  was  the  case  of  Mr.  Tapperi,  diosen  one  of  the 
representatives  of  Dutchess  county.  The  Sheriiriiad 
him  in  custody  on  civil  process  for  debt,  and  his  col- 
league. Colonel  Beekman,  moved  for  his  enlargement 
and  attendance.  The  prisotier  brought  his  habeas 
corpus  returnable  in  term,  while  the  House  was  sitting, 
and  moved  to  be  discharged  by  the  Court.  There 
were,  at  that  time,  but  two  Judges.  The  legality  of 
the  imprisonriicnt  on  the  day  of  election  was  contest- 
ed at  the  bar,  and  the  Court  being  divided,  the  pri- 
soner continued  in  confinement  till  he  carried  his 
point  in  the  House,  bui  not  without  a  division,  in 
which  Mr.  Clarkson,  Mr.  Richards,  and  others  sup- 
ported a  motion,  that  it  was  dangerous  to  the  country 
to  take  a  man  from  the  jail  for  debt  and  admit  him 
into  a  House  consisting  but  of  twenty-seven  mem- 
bers. He  afterwards  absconded,  and  a  writ  issued 
for  a  new  election. 

The  opinion  of  the  majority  gave  no  small  offence 
without  doors ;  but  the  contradiction  on  the  bench 
was  applauded  as  a  master-stroke  of  policy  to  pre- 
serve the  concord  which  subsisted  between  the 
Judges  and  Assembly— Mr.  Philipse  being  a  member, 
and  Mr.  Delancey's  opinion  agreeable  to  the  judg- 
ment of  the  majority  in  favour  of  Mr.  Tap  pen— the 
Judges  reading  the  reasons  for  their  respective  deci- 
sions with  rapidity.  The  puisne  Judge's  real  or  af- 
fected passion  on  Mr.  Delancey's  argument  and  opi- 


-*m^^ 


^* 


iJG 


[Chap.  U. 


nak-' 


iiioii,  aflbi-dcd  no  Hiiiall  incniiiiciit  to  lltu  prnctiscrji, 
this  divcrsily  hcing  a.scrihcd  to  the  policy  of  the 
Chief  Justice,  nho  hud  no  iucnimtioii  to  ditfer  with 
any  of  the  leading  mcmherd  of  the  HouBe.  It  is  pro- 
per to  remark,  that  there  was  no  act  of  the  colony  in 
force  respecting  the  privileges  of  the  members,  from 
which  the  junior  Judge  drew  consequences,  which 
Mr.  Delancey  eluded  by  rising  to  the  higher  sources 
of  the  common  law,  and  by  applying  the  liberty  of 
attending  on  the  judicatures  and  courts  to  those  on 
the  court  of  elections,  he  deduced  by  arguments,  ab 
inconvenienth  and  his  main  conclusion,  that  the  arrests 
of  Mr.  Tappon  were  void. 

It  was  a  fault  of  this  Assembly  that  no  applications 
were  made  to  Parliament  on  the  bill  respecting  the 
importation  of  iron  from  America,  by  which  the  co- 
lonies were  restrained  from  erecting  slitting  mills,  Sec. 
The  agent  had  given  early  notice  of  it  in  his  letter 
of  the  29th  of  June  1749: — "It  gave  me  pleasure," 
says  he,  "  to  find  by  some  hints  thrown  out  in  the 
House,  that  there  is  a  probability  of  getting  some- 
thing done  to  encourage  the  iron-mines  of  America. 
This  is  a  matter  in  which  most  of  the  colonies  are 
concerned,  and  well  deserving  their  joint  eflbrts.  It 
likewise  demands  the  attention  of  this  kingdom,  as 
nothing  is  more  demonstrably  the  interest  of  Britain 
than  to  receive  from  her  own  colonies,  in  exchange 
for  British  manufactures,  a  commodity  for  which  a 
balance  is  now  paid  in  money  to  foreigners ;  and  it  is 
to  be  hoped,  that  an  encouragement  of  this  kind 
would,  in  its  consequences,  be  a  means  of  promoting 
the  growth  of  hemp  as  a  fit  assortment  of  a  cargo  for 
Britain."  Nor  was  it  enough  that  their  Speaker  had 
desired  Mr.  Charles  to  use  his  greatest  efforts  against 
the  four  last  clauses  of  the  bill  relating  to  paper  mo- 
ney, for  enforcing  the  obedience  of  the  colonies  to 
the  royal  instructions,  of  which  we  were  apprised  be- 
fore the  last  session  of  the  preceding  Assembly ;  the 
Speaker's  letter,  for  the  opposition,  bearing  date  the 
29th  of  June  1749. 


■JW'jWmT*  ""l» 'II 


>»     II  mi  Hi 


[Chap.  \l 

the  pmctiscrJi, 
policy  of  the; 
1  to  differ  with 
use.  It  is  pro- 
f  the  colony  ia 
mcmber»,  from 

Iucnces,  which 
ugher  sources 
r  ihc  Hberty  of 
irts  to  those  on 
arguments,  a6 
that  the  arrests 

no  applications 
respecting  the 
which  the  co- 
litting  mills,  &c. 
it  in  his  letter 
e  me  pleasure," 
own  out  in  the 
f  getting  somc- 
les  of  America, 
he  colonies  are 
joint  efforts.    It 
lis  kingdom,  as 
erest  of  Britain 
Bs,  in  exchange 
ity  for  which  a 
igners ;  and  it  is 
[it  of  this  kind 
ms  of  promoting 
ijt  of  a  cargo  for 
Dir  Speaker  had 
st  efforts  against 
ng  to  paper  mo- 
the  colonies  to 
ere  apprised  be- 
g  Assembly ;  the 
jearingdate  the 


'M.\ 


131 


The  party  animosilicsof  the  day  engrossed  ihegcnr* 
ral  attention ;  and  the  proprietors  of  the  iron  furnaces 
(of  which  there  were  only  two,  that  at  Sterling,  own- 
ed by  Mr.  Smitli  and  others,  and  Mr.  Livingstones  at 
Ancram,)  less  vigilant  than  Mr.  Allen,  who  instantly 
began  a  slitting  mill  in  Jersey,  lost  an  opportunity  fur 
advancing  their  own  and  the  interest  oi  the  colony. 
While  the  iron  bill  was  under  consideration  in  the 
House  of  Commons,  Mr.  Chief  Justice  Morris,  to 
serve  his  country,  consented  to  be  examined  respect- 
ing the  works  in  America,  and  felt  all  the  distresii 
which  the  public  detection  of  u  want  of  information 
will  necessarily  create  in  a  delicate  mind,  where 
(here  is  a  disappointed  ambition  to  excel.  He  could 
never  recollect  that  hour  without  a  great  degree  of 
that  confusion  and  anxiety  which  led  him  to  counter- 
feit a  sudden  indisposition  for  withdrawing  himself 
from  a  siturttion  in  which  he  could  neither  sustain  the 
ridicule  of  others,  nor  his  own  consciousness  of  iti- 
capacity  and  disgrace.  Some  members  of  the  commit- 
tee, whose  aims  he  was  brought  to  traverse,  address- 
ed him  on  their  questions  by  the  title  of  "  my  Lord . 
Chief  Justice,"  that  his  imperfect  answers  might  have 
the  less  weight;  and  certainly  they  succeeded  in 
their  design ;  for  though  Mr.  Morris  had  professed  his 
knowledge  of  this  branch  of  business,  he  found  him- 
self entirely  ignorant,  not  only  of  the  process  of  the 
work,  but  of  llie  artificers  employed  in  it,  and  the 
wages  they  received  both  in  Great  Britain  and 
America. 

Mr.  Clinton  improved  the  interim  before  the  next 
call  of  the  Assembly,  in  animating  several  other  go- 
vernments to  watch  against  the  French  artifices  in 
corrupting  the  fidelity  of  the  Indians,  intending  to 
hold  a  treaty  with  the  Six  Nations  in  the  summer  ot' 
1751.  Previous  to  his  voyage  to  Albany  he  called  the 
members  to  a  condolence  on  the  death  of  the  Prince 
of  Wales,  and  to  a  further  contribution  for  the  sa- 
vages. Both  ends  were  answered.  An  affectionate 
address,  in  which  they  all  joined,  was  transmitted  to 
the  King :  the  design  of  a  treaty  approved,  with  pro- 

18 


"•■I'L^JJ^lf^^' 


y 


138  [Chap.  il. 

mises  to  supply  the  deficiency,  if  any  there  should 
be,  for  brightening  the  chain  of  aUiance  with  the  "  Six 
JVations,  who  depend  immediately  ujwn  this  cobny.'"  But 
at  their  interview  in  October,  there  were  early  indi- 
cations that  the  spirit  of  party  was  not  yet  extin- 
guished, though  some  of  the  chiefs  of  the  opposition 
were  dead.* 

The  speech  asked  for,  the  discharge  of  what  was 
still  due  to  the  public  creditors ;  an  attention  to  the 
Indians,  the  French  being  assiduously  intent  upon  de- 
bauching them ;  and  for  the  support  of  government, 
with  a  due  regard  to  the  royal  commission  and  in- 
structions. 

There  was  an  immediate  call  of  the  Houso,  and  in 
the  address,  a  promise  to  provide  for  the  government ; 
to  pay  just  debts ;  an  intimation  of  surprise  at  further 
demands  for  the  Indians ;  a  complaint  that  some  of 
the  members  had  not  circular  letters  to  notify  this 
meeting,  and  a  request  that  it  may  not  be  omitted  in 
future.  It  was  another  bad  synii)tom,  that  they  did 
not  send  him  a  copy  of  it.  The  answer,  therefore  was 
.  communicated  by  a  message. 

That  they  should  have  an  account  of  the  thousand 
pounds  he  had  distributed  among  the  Indians ;  that 
the  Deputy  Secretary  had  orders  to  send  letters  to 
all  the  members,  and  he  had  assured  him  they  were 
despatched  to  every  one  except  the  Speaker,  but 
that  this  last  was  not  usual,  it  being  customary  for  him 
to  attend  the  Governor  before  a  prorogation  expired. 
He  recommended  a  union  of  Councils,  and  hoped, 
he  said,  to  convince  them,  that  no  consideration 
whatsoever  was  of  any  weight  with  him,  but  the 
v/elfare  and  prosperity  of  the  people  committed  to 

his  care.  ,      /.  ivt 

The  flame  did  not  break  out  till  the  18th  of  No- 
vember, when  Colonel  Johnson  came  down  with  a 
message  from  the  Council  for  the  vouchers  of  the  se- 
veral demands  provided  for  in  a  bill  sent  up  for  the 


f  Mr.  Clarkson,  Mr.  Justice  Philipso,  and  Mr.  Micheaux. 


j^p!fj#!*?';f a;il#Jlto?^'W  ' 


[Chap.  il. 

any  there  should 
ince  with  the  "  Six 
I  this  colony.''''  But 
;  were  early  indi- 
las  not  yet  extin- 
I  of  the  opposition 

large  of  what  was 
111  attention  to  the 
sly  intent  upon  de- 
ort  of  government, 
ommission  and  in- 

the  Houso,  and  in 
DF  the  government ; 
'  surprise  at  further 
laint  that  some  of 
tters  to  notify  this 
f  not  be  omitted  in 
•torn,  that  they  did 
w«r,  therefore  was 

unt  of  the  thousand 
;  the  Indians;  that 
i  to  send  letters  to 
ired  him  they  were 
;  the  Speaker,  but 
g  customary  for  him 
rorogation  expired, 
uncils,  and  hoped, 
t  no  consideration 
with  him,  but  the 
lople  committed  to 

ill  the  18th  of  No- 
came  down  with  a 
vouchers  of  the  se- 
bill  sent  up  for  the 


and  Mr.  Micheauz. 


1751.]  139 

payment  of  the  colony  debts,  and  the  accounts  which 
the  Governor  had  sent  or  recommended  for  discharge. 
They  voted  this  an  unprecedented  and  extraordinary 
demand.  The  Council  asserted  it  to  be  their  right, 
and  resolved  not  to  proceed  on  that  bill  until  they 
were  gratified ;  and  sent  down  another  of  their  own, 
for  applying  five  hundred  pounds  for  Indian  affairs 
and  the  repair  of  Oswego.  This  the  Assembly  would 
hear  but  once,  and  rejected  it  for  intrenching  "  on 
the  great,  essential,  and  undoubted  rights  of  the 
House,  to  begin  all  bills  for  raising  and  disposing  of 
money." 

They  then  prepared  an  address,  lamenting  the 
want  of  more  money  for  the  Indians,  suggesting  that 
the  unsettled  state  of  their  affairs  proceeds  from  mis- 
conduct orinattention,  and  that  they  made  no  provision 
for  repairs  at  Oswego  for  want  of  estimates;  complain- 
ing of  the  Council  as  the  authors  of  all  the  bad  con- 
sequences of  the  bill  to  discharge  the  colony  debts, 
it  being  a  breach  of  trust  to  consent  to  their  claim  of 
inspecting  accounts ;  and  praying  that  he  would  pass 
such  bills  as  he  approved,  and  give  the  House  a  re- 
cess for  the  winter. 

After  the  delivery  of  this  address,  the  Governor 
declared  he  could  give  no  answer  to  it  before  he  had 
consulted  the  Council ;  and  two  days  afterwards  in- 
formed them,  that  Colonel  Johnson  had  the  ii.erit  of 
dissuading  the  Indians  from  their  old  practice  of  go- 
ing to  Canada  for  an  exchange  of  prisoners,  and  in- 
ducing them  to  entrust  them  to  the  Governor,  as  sub- 
jects of  Great  Britain ;  and  at  the  same  time  commu- 
nicated a  copy  of  a  letter  from  the  Indian  interpre- 
ter, demonstrating  that  the  French  were  indefatiga- 
ble in  endeavoring  to  defeat  this  advantageous  inno- 
vation. 

On  this  they  resolved,  with  a  puerile  censorious 
inuendo  at  iheir  fiist  meeting  after  May,  to  provide 
for  the  "  strings  and  belts  of  wampum  which  the  in- 
terpreter might  find  necessary  for  transacting  the  bu- 
siness he  had  in  charge  from  the  Governor ;"  that  it 
is  a  part  of  their  Speaker's  duty  to  attend  Governors 


'^^^mi^^^ 


w>ii'°««w»—qW|w«y>" 


140 


[Chap.  II. 


in  the  recess  of  the  House ;  that  the  omission  of  a 
circular  letter  to  the  Speaker  was  dangerous  and  di- 
latory ;  and  for  an  address  that  it  be  not  hereafter 
neglected. 

Mr.  Clinton  prudently  shunned  all  altercation,  con- 
vened both  Houses  the  next  morning,  passed  the  bills 
that  were  ready,  and,  without  the  least  previous  inti- 
mation and  to  the  astv^nishment  of  all  present,  dis- 
solved the  Assembly,  who,  finding  themselves  laugh- 
ed at  without  doors,  repented  their  passing  the  sup- 
port bill  lor  the  year  so  early  in  the  session,  which 
gratified  the  officers  of  government,  while  their  neg- 
lect of  the  colony  creditors  added  to  the  Governor's 
party,  already  strengthened  by  Mr.  Alexander's  tem- 
per, the  appointment  of  Colonel  Johnson  to  the  Coun- 
cil, and  Mr.  Chambers  to  the  second  place  on  the 
bench. 

The  influence  of  the  Chief  Justice  was,  neverthe- 
less, so  prevalent,  that  he  had  a  great  majority  of 
friends  and  relations  in  the  new  Assembly,  convened 
on  the  24th  day  of  October  1752. 

Mr.  Alexander  and  Mr.  Smith,*  upon  whom  the  Go- 
vernor now  relied,  knew  their  connexions  before  Mr. 
Jones  was  re-elected  to  the  chair,  and  sagaciously  ad- 
vised to  short  and  general  speeches,  and  such  messages 
afterwards  as  were  least  calculated  to  enkindle  the 
party  fires  which  Mr.  Colden's  incautious,  luxuriant 
compositions  and  high  principles  had  so  often  exas- 
perated, to  the  advancement  of  the  popularity  of  the 
person  he  meant  to  pull  down.  The  whole  speech, 
the  address,  and  answer,  as  contrasts  to  the  proli;;; 
transactions  appearing  in  the  journals  of  former  years, 
are  here  transcribed. 


*  From  the  abatement  of  the  Cosbyan  quarrels,  in  Mr.  Clarke's  time, 
Mr.  Smith  had  totally  resigned  himself  to  that  wide  field  of  business  which 
his  eloquence  had  opened  to  him,  without  interfering  in  the  general  politics 
of  the  country.  On  the  death  of  Mr.  Bradley,  the  Attorney  General,  he 
could  not  avoid  giving  his  assistance  to  the  Governor,  in  gratitude  for  his 
unsolicited  appointment  to  the  succession.  His  private  diary  has  a  memo- 
randum in  these  words :  "28th  August  1752,  Richard  Bradley  died,  and  I 
was,  without  asking,  appointed  Attorney  and  Auditor  General.  On  the  3 1  si 
Airgust  received  my  commission  and  was  sworn  into  the  office."^ 


V*'*"!*^ 


[Chap.  II. 

?  omission  of  a 
ngerous  and  di- 
e  not  hereafter 

dtercation,  con- 
passed  the  bills 
st  previous  inti- 
ill  present,  dis- 
jmselves  laugh- 
passing  the  sup- 
?  session,  which 
while  their  neg- 
the  Governor's 
ilexander's  tem- 
son  to  the  Coun- 
id  place  on  the 

;  was,  neverlhe- 
eat  majority  of 
imbly,  convened 

•n  whom  the  Go- 
^ions  before  Mr. 
sagaciously  ad- 
d  such  messages 
to  enkindle  the 
itious,  luxuriant 
1  so  often  exas- 
opularity  of  the 
;  whole  speech, 
ts  to  the  prolix 
of  former  years, 


in  Mr.  Clarke's  time, 
field  of  business  which 
in  the  general  politics 
Attorney  General,  he 
)r,  in  gratitude  for  his 
rate  diary  has  a  memo- 
rd  Bradley  died,  and  I 
r  General.  On  the  31. si 
I  the  office."  i 


Sif^  " 


1752.] 


"As  sundry  acts  which  greatly  concern  the  trade 
and  welfare  of  this  province  will,  by  their  own  limi- 
tation, expire  the  first  day  of  January  next,  I  have  ap- 
pointed  this  meeting  with  you,  to  give  you  an  oppor- 
tunity either  to  continue  those  acts,  or  provide  other- 
wise in  the  place  of  them.  The  state  of  the  Indian 
affairs,  and  of  the  frontier  forts  and  fortifications  in 
general,  require  your  most  serious  consideration, 
timely  provision,  and  aid.  I  shall,  by  the  Deputy 
Secretary,  lay  before  you  the  information  I  have  had 
concerning  them. 

"  Gentlemen  of  the  ^ssembbj^ 

"  The  season  of  the  year  w  ill  naturally  lead  you 
to  make  provision  for  the  support  of  his  Majesty's  eo- 
vcrrment.  J      J    6 

"  Gentlemen  of  the  CouncU  and  General  Assembly, 

«  I  assure  you,  that  whatever  bills  you  shall 

agree  en  i  r-  the  benefit  of  this  province,  consistent 

with  m^  n     .  Jo  pass,  shall  most  readily  have  my 

assent."  ''  ^ 


THE  ADDRESS. 

"  We,  his  Majesty's  dutiful  and  loyal  subjects,  the 
General  Assembly  of  the  colony  of  New- York,  return 
your  excellency  our  thanks  for  your  speech. 

"The  concern  your  excellency  expresses  for  the 
trade  and  welfare  of  this  colony,  demonstrates  your 
excellency's  care  for  the  public  good,  and  it  cannot 
but  be  extremely  pleasing  to  every  one  who  has  his 
country's  interest  sincerely  at  heart.  The  advanced 
season  of  the  year,the  diflficulties  ol  attending  the  pub- 
lic service  at  this  place,  and  the  dangers  which  such 
members  who  have  not  had  the  small-pox  apprehend 
themselves  even  here  to  be  exposed  to,  all  concur  to 
induce  us  to  postpone  the  consideration  of  every  mat- 
ter, not  immediately  necessary  to  be  provided  for 
and  shall  do  therein  what  shall  be  for  his  Majesty's 
service  and  the  welfare  of  this  colony."  ' 

He  suppressed  any  remarks  on  the  novel  omission 


142 


[Chap.  11. 


I?  .: 


of  a  previous  copy,  and,  three  days  after,  called  them 
to  hear  this 

ANSWER.  \ 

"  Gentlemen  of  tlic  General  Assembly^ 

"  I  return  you  my  thanks  for  this  obliging  ad- 
dress, and  the  assurances  therein  given  me ;  and  as 
soon  as  you  shall  have  made  provision  for  the  imme- 
diate and  necessary  service  of  the  province,  I  shall 
readily  grant  you  a  recess  as  you  desire." 

They  sat  only  to  the  11th  of  November,  and  hav- 
ing voted  to  provide  at  the  next  meeting  for  repairing 
the  fortifications,  the  establishment  of  a  College,  and 
the  usual  presents  for  the  Indians,  and  other  Indian 
affairs,  he  passed  their  bills,  and,  among  the  rest,  the 
duty  bill,  and  for  issuing  out  of  that  fund  the  salaries 
of  the  otficers  to  the  first  of  September  1753. 

It  may  gratify  the  curiosity  of  the  reader  to  know, 
that  of  the  members  of  this  AssemblyMr.  Chief  Jus- 
tice Delancey  was  nephew  to  Colonel  Beekman,  bro- 
ther to  Peter  Delancey,  brother-in-law  to  John  Watts, 
cousin  to  Philip  Verplanck  and  John  Baptist  Van 
Rensselaer ;  that  Mr.  Jones  the  sjpeaker,  Mr.  Richard, 
Mr.  Walton,  Mr.  Cruger,  Mr.  Philipse,  Mr.  Winner, 
and  Mr.  Le  Count,  were  of  his  most  mtimate  acquain- 
tances ;  and  that  these  twelve,  of  the  twenty-seven 
which  composed  the  whole  House,  held  his  character 
and  sentiments  in  the  highest  esteem.  Of  the  re- 
maining fifteen  he  only  wanted  one  to  gain  a  majori- 
ty under  his  influence,  than  which  nothing  was  more 
certain ;  for,  except  Mr.  Livingston,  who  represented 
his  own  manor,  there  was  not  among  the  rest  a  man 
of  education  or  abilities  qualified  for  the  station  they 
were  in.  They  were,  in  general,  farmers,  and  directed 
by  one  or  more  of  the  twelve  members  above  named 
— Mr.  Dowe,  by  his  colleagues  Mr.  Winner  and  Mr. 
Rensselaer — Mr.  Thomas,  by  his  brother-in-law  the 
Speaker  and  his  colleague  Mr.  Philipse — Mills,  by 
IVlr.  Watts  and  his  cousin-german  Mr.  Nicoll — Cornel, 
by  his  colleague  Mr.  Jones—Mr.  Lot  and  Mr.  Vande- 


^*^'Miig!l*S*i'j^tPfc^ 


^f^f^mx'nrmmni'ir'miK' 


[Chap.  II. 
ifter,  called  them 


J7i2.j 


»m 


[his  obliging  ad- 
iven  me;  and  as 
ion  for  the  imme- 
province,  I  shall 
isire." 

/ember,  and  hav- 
ting  for  repairing 
of  a  College,  and 
and  other  Indian 
jong  the  rest,  the 

fund  the  salaries 
ber  1753. 
»  reader  to  know, 
bly  Mr.  Chief  Jus- 
lel  Beekman,  bro- 
aw  to  John  Watts, 
ohn  Baptist  Van 
iker,  Mr.  Richard, 
pse,  Mr.  Winner, 
mtimate  acquain- 

the  twenty-seven 
tield  his  character 
teem.  Of  the  re- 
i  to  gain  a  majori- 
nothing  was  more 
,  who  represented 
ng  the  rest  a  man 
3r  the  station  they 
ners,  and  directed 
hers  above  named 
'.  Winner  and  Mr. 
)rother-in-law  the 
bili pse— Mills,  by 
[r.  Nicoll — Cornel, 
ot  and  Mr.  Vande- 


vier,  Mr.  Junton  and  Mr.  Dupuc,  by  ail  the  city  mem- 
bers*—-Mr.  Walton  of  Staten  Island,  by  his  cousin  a 
New- York  member,  and  his  colleague  Mr.LeCount — 
Mr.  Filkin,  by  Colonel  Beekman,  whose  interest 
brought  him  in— Mr.  Snediker  and  Mr.  Samuel  Gale, 
by  ^he  members  for  the  capital— and  Mr.  Mynderse 
of  Schenectady,  by  Mr.  Winner  and  Mr.  Rensselaer. 
Of  the  whole  House,  the  only  wealthy  able  member, 
neither  connected  with  Mr.  Delancey  nor  in  the 
sphere  of  his  influence,  was  Mr.  Livingston. 

Hi.^  station  on  the  bench,  with  the  independent  te- 
nure of  good  behaviour,.added  to  his  amazing  power, 
which  was  again  augmented  by  the  inferior  abilities 
of  his  assistants  and  his  incessant  assiduity,  joined  to 
his  own  affluence  and  that  of  his  family,  in  cultivat- 
ing all  the  arts  of  popularity  from  the  moment  he  was 
disgusted  by  Mr.  Clarke  in  the  year  1737.  Nor  was 
he  without  dependants  even  in  the  Council,  though 
by  the  death  of  some  weak  men  introduced  by  his 
interest,  the  suspension  of  Mr.  Horsmanden  who 
ventured  too  deeply  in  measures  against  Mr.  Clinton, 
and  the  introduction  of  Mr.  Rutherford,  Mr.  Holland, 
and  Colonel  Johnson,  he  had  lately  lost  ground  at 
that  board ;  but,  not  many  years  afterwards,  he  found 
means  to  regain  and  almost  engross  the  whole  sway 
in  the  executive  department. 

To  him,  therefore,  who  barely  considers  the  inve- 
terate animosity  between  this  demagogue  and  the 
King's  Governor,  such  a  session  as  the  last  may  ap- 
pear not  a  httle  mysterious.  The  truth  is,  that  ho 
began  to  hv  fearful  of  having  overacted  his  part,  it 
was  clear,  from  the  siu:cess  of  Mr.  Clinton's  recom- 
mendations to  office,  ilmt  the  representation  prepar- 
ing by  the  Lord's  of  "f  rade,  could  not  be  favorable  to 
the  party  that  opposed  him ;  and  besides,  the  hints 
dropped  by  Mr.  Chief  Justice  Morris  and  others  in 
England,  of  meditated  vengeance,  corresponded  with 
the  intimations  from  Mr.  Charliss ;  and  many  persons 


•  Messrs.  Kichard,  Cruder,  Watts,  and  Walton. 


^^Wv^.-'V')|ii'4'A'.-.>l.W.#-i'--' '^  3!».'!i».<a' jM*"*-'-'  - 


Ill 


[Chap.  11. 


■im,'.' 


had  venlured  to  predict,  that  the  heated  councils  by 
which  the  Assembly  had  been  so  long  led,  would  end 
in  the  ruin  of  the  province.  The  agent  had  informed 
the  speaker,  by  a  letter  of  the  30th  of  May,  1751, 
"  that  the  report  touching  the  state  of  this  colony, 
was  at  last  transmitted  from  the  Board  of  Trade  to 
the  King  in  Council."     He  adds :  "  It  is  said  to  be 
very  long  and  particular,  and  to  consist  of  a  quire  of 
paper,  with  two  quires  more  hy  way  of  appendix, 
whereof  I  can  have  no  copy,  till  it  is  read  in  Council 
and  referred  to  a  committee,  when  I  shall  move  for  a 
copy,  to  be  transmitted  to  the  General  Assembly  for 
their  instructions  thereupon.     The  affair  of  the  Jer- 
sey line  remains  yet  unproceeded  upon."    On  the 
22d  of  June  following,  he  sent  a  copy  of  the  act  to 
regulate  and  restrain  paper  money  in  the  four  New 
England  colonies,  carried  through  by  the  patronage 
of  the  Board  of  Trade,  with  a  disagreeable  prognos- 
tication, that  it  appeared  to  him  "  to  be  a  prelude  to 
a  total  abolition  of  paper  credit  in  the  colonies ;  for, 
as  what  is  allowed  to  be  issued  even  on  the  greatest 
emergencies,  is  not  a  legal  tender  between  man  and 
man,  I  apprehend  the  conveniency  and  utility  of  it  is 
quite  taken  away."    He  then  adds :  "  The  represen- 
tation touching  the  state  of  your  province,  has  not  yet 
been  read  in  Council,  owing  possibly  to  some  late 
changes  in  the  ministry,  the  Earl  of  Granville  being 
declared  President  of  the  Council,  and  the  Earl  ot 
Holdernesse  Secretary  for  the  Southern  Department, 
in  which  America  is  included.  I  will  carefully  watch 
its  progress,  and  acquaint  you  therewith."  His  letter 
of  the  29th  of  July  following,  has  this  clause:  "  I  am 
in  constant  expectation  of  helfing  that  the  represen- 
tation touching  the  state  of  you#colony,  will  be  taken 
into  consideration ;  upon  which  subject,  I  am  sorry 
to  say  that,  as  far  as  I  can  learn,  it  contains  volumes 
of  paper,  of  which  I  am  denied  a  sight,  and  can  yet 
have  no  copy.  Several  rights  and  privileges  clainaed 
by  the  General  Assemblies  of  your  colony,  of  which 
they  have  been  many  years  in  possession,  are  struck 
out :  and  complaints  are  made  of  particular  persons, 


^f^!S^,''^Jl'H^j^^J^\§g0" 


•mw0" 


nm  mill" 


'.•mnf 


[Chap.  11. 

ited  councils  by 
^  led,  would  end 
nt  had  informed 

I  of  May,  1751, 
;  of  this  colony, 
ard  of  Trade  to 
It  is  said  to  be 
sist  of  a  quire  of 
ay  of  appendix, 

read  in  Council 
shall  move  for  a 
ral  Assembly  for 
iffair  of  the  Jer- 
upon."  On  the 
>py  of  the  act  to 
in  the  four  New 
>y  the  patronage 
•eeable  prognos- 
be  a  prelude  to 
lie  colonies ;  for, 

II  on  the  greatest 
etween  man  and 
md  utility  of  it  is 

"The  represen-* 
Muce,  has  not  yet 
bly  to  some  late 
'  Granville  being 
,  and  the  Earl  of 
lern  Department, 
1  carefully  watch 
with."  His  letter 
is  clause:  "  I  am 
hat  the  represen- 
jny,  will  be  taken 
)ject,  I  am  sorry 
contains  volumes 
ight,  and  can  yet 
rivileges  claimed 
colony,  of  which 
ession,  are  struck 
particular  persons, 


whicli  I  was  in  hopes  had  long  ago  been  dropped.  I 
heartily  wish  the  wliole  of  this  matter  may  not  dis- 
compose  the  pear-  and  tranquillity  which  had  an 
appearance  of  being  re-established  in  the  colony. 
Ihe  aflTair  of  the  Jersey  line  is  not  yet  proceeded 
upon;  lor  carrying  on  which,  I  have  received  the  re- 
mi  tanco  of  one  hundred  pounds,  mentioned  in  your 
letter.  I  have  now  only  to  add,  that  I  understand  a 
commission  lies  prepared  at  the  Secretary  of  State's 
Office,  appointing  Robert  H-  r  Morris,  Esq.  to  be 
l^teulenmt  Governor  of  ""^   ^.\  o.     "     His  lettei- of  t!  ,. 

in  ih    «^"^"'/  *'  ^'l'"  V  "  '  '""  '''  at^quaint  you,  thai 
on  the  6th  instant  the  Lords  of  the  Committer  of  his 
Majesty's  Most  Honorable  Privy  Council,  entered 
upon  the  consideration  of  the  reports  of  the  Commis- 
sioners for  frade  and  Plantations,  touching  the  state 
and  condition  of  the  colony  of  New-York,  and  refer- 
red the  same,  as  I  am  informed,  for  further  considera- 
tion.    Having  repeatedly  applied  to  know  whether, 
as  agent  of  the  colony,  I  might  obtain  a  copy  of  this 
report,  and  of  the  papers  accompanying  it,  (both 
which  are  very  long,)  and  being  given  to  und;rstand 
there  were  orders  against  giving  any  copy,  and  that 
the  matter  would  be  taken  up  and  consid;red  as  an 
affair  of  state,  I  believed  it  my  duty  to  take  the  eaili- 
est  opportunity  of  renewing  that  application.    As 
soon  as  the  report  was  read,  I  therefore  wrote  a  let- 
er  to  the  Secretary  of  the  Council,  which  he  did  me 
the  favor  to  lay  before  their  Lordships  of  the  Com- 
mittee, who,  as  1  am  informed,  not  having  yet  resolv- 
ed whether  they  will  allow  a  public  hearing  on  the 
subject  matter  of  the  report,  and  a  copy  of  it  being    ' 
yet  denied  me,  I  must  remain  contented  to  watch  its 
progress,  and  to  take  their  Lordships'  pleasure.     If 
their  Lordships  proceed  herein  as  a  Council  of  State 
only.  It  will  be  from  the  orders  and  instructions  that 
may  be  issued,  that  your  colony  will  be  able  to  iudee 
ot  the  principal  points  of  the  report :  and  if  the  re/u- 
ations  proposed  do  sensibly  affect  your  colony,  you 
will  no  doubt  thereupon  make  such  humble  repre- 
sentations  to  the  Crown  as  you  shall  judge  necessary 


Wv"' 


,jgj., .  oitm  ':,l<  J  ^ ',-'!'^v-.i*!,j»"A,  !i,te  .^■/&^je^;,i>^wiJiffl>iM^,i", -uiii  4)iji^» 


11, 


146  [Chap.  II. 

which  must  bring  the  whole  at  last  to  an  open  and 
public  discussion.     Mr.  Morns's  commission  to  be 
Lieutenant  Governor  of  your  colony,  lies  yet  incom- 
pleted."    On  the  4th  of  May,  1752,  he  >vntes  thus  : 
*  The  further  consideration  of  the  report  of  the  Board 
of  Trade,  touching  the  state  of  your  colony,  has  not 
been  resumed  in  Council  since  August  last ;  and  I  am 
still  not  permitted  to  have  any  copy  or  extract  oi  it, 
Zugh  [continue  in  hopes  that  their  Lordships  of 
the  Privy  Council  will  not  come  to  any  resolution 
thereupon,  without  hearing  the  paHies  that  may  be 
airected  by  it.     Being  thus  deprived  of  the  means  o 
SSthe  House' with  certainty,  in  points  that 
may  be  of  great  consequence,  I  can  only,  under  these 
drcumstances,  take  measures  for  their  service  as  op- 
portunities are  given  me,  of  which  I  >vdl  not  fail  to 
make  the  amplest  use  in  the  discharge  of  my  duty, 
Nothing  material  is  yet  done  in  the  affair  of  the  boun- 
dary  line  between  your  colony  and  New-Jersey   The 
btended  commission  to  Mr.  Morris  as  Lieutenant 
Governor,  is  quite  laid  aside.    I  cannot  conclude, 
withou  eipressing  my  sincere  wishes  that  a  good  un- 
SLding  mayV'restored  between  the  several 
branches  of  your  Legislature  and  may  subsist  for  the 
creneral  welfare  and  tranqudlity  of  the  colony. 

In  this  precarious  situation  of  affairs,  it  could  not 
subserve  Mr.  Delancey's  popular  interest  to  increase 
the  indignation  of  government  against  the  colony,  he 
numeroSs  families  whose  estates  were  affected  by  the 
Tprsev  claims,  growing  extremely  jealous  of  any  tur- 
iher  broils  between  tlfe  Assembly  and  the  Governor. 
Those  contests  besides,  were  inauspicious  to  the 
success  of  his  designs  of  obtaining  the  Lieutenant 
Governor's  place,  by  which  he  hoped  to  find  an 
escape  for  himself  and  his  friends,  if  Mr  Colden  took 
the  command  of  the  colony  as  President  of  the  Coun- 
cd,  an  event  which  he  could  not  turn  his  eye  to  wrth- 
out  horror.     It  was  therefore  expedient,  whde  Mr. 
Delancey's  friends  were  negotiating  m  t^ngland  lor 
the  gratification  of  his  ambition,  to  suspend  hostdities 
a-afnst  Mr.  Clinton :  and  the  reader  now  has  the  new 


•'wm^^^^ii^i^^'^^ 


-»;illl«iM>IIIB.IHH  ii  Ml    ii|^  ii,|,. 


[Chap.  II. 

o  an  open  and 
nmission  to  be 
lies  yet  incom- 
hc  writes  thus : 
ort  of  the  Board 
colony,  has  not 
t  last ;  and  I  am 
or  extract  of  it, 
ir  Lordships  of 

any  resolution 
ies  that  may  be 
of  the  means  of 
,  in  points  that 
nly,  under  these 
ir  service  as  op- 

will  not  fail  to 
irge  of  my  duty, 
fair  of  the  boun- 
ew-Jersey.  The 
s  as  Lieutenant 
annot  conclude, 
3  that  a  good  un- 
seen the  several 
ly  subsist,  for  the 
he  colony." 
lirs,  it  could  not 
terest  to  increase 
8t  the  colony,  the 
re  affected  by  the 
jalous  of  any  fur- 
nd  the  Governor, 
uspicious  to  the 
T  the  Lieutenant 
loped  to  find  an 
f  Mr.  Colden  took 
dent  of  the  Coun- 
rn  his  eye  to  with- 
edient,  while  Mr. 
ig  in  England  for 
suspend  hostilities 
r  now  has  the  new 


1753.] 


147 


key  to  the  seeming  inattention  of  the  Assembly  to  that 
part  of  the  Governor's  speech  in  October  175.1,  re- 
quiring their  conformity  to  his  commission  and  in- 
structions to  the  Governor's  courage  in  the  last  disso- 
lution, and  the  subsequent  pusillanimity  of  the  new 
Assembly  during  the  rest  of  his  administration. 

Mr.  Clinton  furnished  a  fresh  proof  of  the  stability 
of  his  interest  at  Court,  by  introducing  a  new  mem- 
ber into  the  Council.  He  had  procured  the  royal 
mandamus  for  Mr.  Smith,  in  preference  to  Colonel 
Morris,  for  whom  some  solicitations  were  made  by  his 
brother,  then  in  England,  and  before  Mr.  Oliver  De- 
lancey,  whose  sister  was  the  lady  of  Sir  Peter  Warren. 
Mr.  Smith  was  sworn  in  on  the  30th  of  April,  1753. 
The  Assembly  was  convened  a  month  afterwards,  at 
Jamaica,  the  capital  being  not  yet  free  from  the  con- 
tagion of  the  small-pox. 

The  speech  proposes  a  revision  of  the  colony  laws, 
and  the  framing  and  passing  a  new  digest,  according 
to  a  model  executed  in  Virginia,  and  now  recom- 
mended to  our  imitation  by  the  Lords  Justices  and 
the  Board  of  Trade,  to  which  some  embarrassments 
in  the  researches  for  compiling  the  late  representa- 
tion in  the  latter,  had  probably  given  rise.    • 

He  assigns  the  true  reason  of  meeting  them  at  an 
unusual  place ;  declares  it  to  be  by  the  advice  of  the 
Council,  and  in  tenderness  to  the  House ;  professes 
his  confidence  in  their  honor  and  justice,  for  a  due 
attention  to  the  state  of  the  Indian  alliance,  the  re- 
pair of  the  northern  fortifications,  and  the  discharge 
of  the  colony  debts ;  applauds  their  late  resolution  to 
promote  the  arts  and  sciences,  by  establishing  a  se- 
minary of  learning,  as  worthy  their  diligent  prosecu- 
tion and  most  serious  attention ;  informs  them  of  the 
intrusions  upon  the  colony  by  our  neighbors;  sug- 
gests the  expediency  of  concerting  measures  respect- 
ing them,  by  a  committee  both  of  the  Council  and 
Assembly ;  and  promises  readily  and  heartily  to  join 
with  them  in  promoting  Ihe  happiness  of  the  colony. 

The  Assembly  thanked  him ;  hoped  that  the  new 
code  of  colony  laws,  then  just  published,  would  not 


I 


.Vf' 


i 


•'*!^!li-'P!W?!;?!WA*y^.'ig.j8jii.!''--l.  *jt,l*.!riiAV*'''' 


-  »■•»—«  «~-»—w«^ 


MP 


!<aMW> 


14t 


[Chap  il. 


he  disapproved  by  the  Kinj; ;  testified  their  gratitude 
lor  hi,s  regard  to  their  sjifely  in  the  convention  ut  Ja- 
maica ;  and  promised  an  inmtediate  attention  to  mat- 
ters laid  before  them.  Not  a  single  instance  of  the 
want  of  harmony  no^v  appeared. 

A  committee  of  both  Houses  met  on  the  New  Eng- 
land intrnsiuns,  and  a  hill  was  passed,  for  appoint- 
ing Commissioners  lo  prepare  representations  upon 
♦hem  to  tl  l!  King's  Ministers  ;  a  furtluu'  sum  was  rais- 
ed by  lotter)^  for  the  college;  the  colony  debts  dis- 
charged, and  every  message  received  and  attended 
to;  money  voted  for  fortifications;  large  sums  given 
for  presents  to  the  Indians  ;  the  critical  state  of  their 
friendship  confessed ;  and  the  Governor  implored,  by 
an  address,  to  visit  and  treat  with  them.  Mr.  Clinton 
being  indisposed,  condescended  to  propose  a  treaty 
by  commission,  and  to  authorize  such  persons  for  this 
trust,  as  the  Council  and  Assembly  might  nominate 
and  recommend  to  him  :  and  Colonel  Johnson,  such 
was  the  policy  of  the  House,  became  the  sole  distri- 
butor of  the  presents,  and  the  confidant  of  both 
Houses. 

To  such  as  knew  the  olTencc  taken  at  Mr.  Clinton's 
patronage  of  this  gentleman,  and  the  obstacles  raised 
to  avoid  the  payment  of  his  demands,  it  afforded  no 
small  surprise  to  see  a  joint  address  of  both  Houses, 
signed  James  Delancey  and  David  Jones,  requesting 
a  treaty  for  appeasing  the  ill  temper  of  the  Indians, 
and  declaring  it  to  be  the  opinion  both  of  the  Coun- 
cil and  Assembly,  "-  that  Colonel  Johnson  is  the  most 
proper  persotj  to  be  appointed  to  do  this  service; 
and  we  humbly  hope  your  Excellency  will  commis- 
sionate  him." 

Towards  the  close  of  the  session,  which  ended  the 
4th  of  July,  and  the  last  in  Mr.  Clinton's  administra- 
tion, he  revealed  the  secret  of  his  daily  expectation 
of  a  successor,  and  his  intention  to  return  to  England. 
It  was  extracted  by  their  importunity  for  his  making 
a  journey  to  assuoge  the  Indians. 

The  Coromissioners  a^>pointed  for  defending  the 
<ijolony  against  the  encroachments  of  Massachusetts 


Mlfc^O 


mi-mi^m 


r0imm>mmmff 


mmnxmrn* 


1)iU  I 


[Chap  il. 

thrlr  gratitude 
tvcntion  at  Ja- 
tcntion  to  mat- 
iistaiicc  of  the 

the  New  Eng- 
J,  for  appoint- 
nntalioiis  upon 
I-  sum  was  rais- 
ony  debts  dis- 
l  and  attended 
ge  sums  given 
li  state  of  their 
T  implored,  by 
n.  Mr.  Clinton 
opose  a  treaty 
lersons  for  this 
tight  nominate 
Johnson,  such 
the  sole  distri- 
idant  of  both 

t  Mr.  Clinton's 
jstacles  raised 
it  aflbrded  no 
f  both  Houses, 
les,  requesting 
o£  the  Indians, 
ti  of  the  Coun- 
>on  is  the  most 
i  this  service; 
:y  will  commis- 

liich  ended  the 
n's  administra- 
ly  expectation 
irn  to  England, 
for  his  making 

defending  the 
Massachusetts 


Bay*  and  New-IIampshire,  were  all  members  of  the 
Assembly;  VIZ.  David  Jones,  John  'rhomas,  Paul 
Ilichards,  W.  ham  Walton,  Henry  Cruger,  and  John 
Watts;  and  though  the  ohjeet  of  that  aclwas  a  very 
important  one,  yet  very  little  advantage  was  derived 

The  rise  of  the  controversy  with  New-Hampshire 
was  this  .--Before  the  year  1711,  that  colony  was 
ionsidereil  as  the  tract  granted  to  Mason  and  Gor- 
ges,  and  extendn.g  only  sixty  miles  from  the  sea-coast, 
did  not  by  many  miles  reach  the  river  Connecticut. 
Ihe  commission  to  Mr.  Benr.ing  Wentworth,  Gover- 
nor of  It,  issued  in  that  year,  and  declared  his  pro- 
vmce  to  extend  westward  and  northward,  "  until  it 
meets  with  his  Majesty's  other  provinces." 

On  the  peace  of  Aix-la-Chapelle  in  1748,  that  Go- 
vernor conceived  the  design  of  extending  his  juris- 
diction westward  to  twenty  miles  from  Hudson's  Ri- 
ver, because  New- York  had  agreed  with  Connecticut 
to  such  a  boundary  on  the  east;  and  Massachusetts 
bad  ot  late  years  intruded  so  far  upon  certain  old  pa- 
tents of  this  province,  extending  to  thirty  miles  east 
irom  that  river. 

The  country  in  the  north-eastern  corner  of  this 
colony  was,  before  the  late  war,  almost  entirely  un- 
known, and  so  exposed  to  the  incursions  pf  the  ene- 
my, especially  alter  the  erection  of  the  fort  at  Crown 
Foint  in  I73J,  that  it  contained  scarce  a  single  inha- 
bitant when  Mr.  Wentworth  began  to  grant  it  as  a 
part  of  the  province  of  New-Hampshire,  in  1749. 
Ihen  the  quarrel  arose.  New- York  insisted  upon 
Connecticut  River  as  her  eastern  boundary;  and  af- 
ter several  letters  had  passed  between  Mr.  Clinton 
and  that  Governor,  it  was  agreed  in  July  1750,  to 
state  their  claims,  exchange  copies  of  their  represen- 
tations, and  submit  to  the  royal  decision,  it  being  un- 
derstood that  all  intermediate  grants  should  be  sus- 
pended. 


In  luT^X'n53  "'"'".r  "''  '^''"  '""^V  t*°="'"""^  ^l^"  '•^P°^t  of  Ihe  Council 
in  .uarcb  1753,  on  the  preiensjons  of  Massachusetts  B;' 


~'"  ;TS>*'''iSW'.'i-fI*!l'jii^.!<f-l-''!l'l?l^.*"?*  "  'V.-*,"-  '"-  ff-*?*. 


'  f"!"!  -   '^y.'-'Ji.i.-'J'  ■■^i".'h'»»'« 


tftfi^ 


[Chap.  II. 

Mr   Wentivortl,  whose  narrow  viewB  prompted 
him  to  greater  activ.iy,  stated  his  claim,  ai.d  despatch- 
n^it  if  a  letter  of  Ae  23d  of  March,  I7r>0,  w.thou 
the  least  peviou,   intimation   to  the  Governor  ol 
New  York ;  and  soon  after,  multiphed  grants  of  the 
conTroverted  territory  under  the  seal  of  New-Hamp- 
Se   Th  s  precipitation,  which,  by  pressujg  private 
interest  in  o  the  maintenance  of  a  point  that  m.ght 
have  been  otherwise  settled  without  difficulty,  is  he 
Srue  0%  "  of  those  disorders  in  that  quarter  of  the 
5:«nntrv      New-York  afterwards  exhibited    ts  title, 
Xn  aivised  by  the  agent  of  the  clandestine  con- 
Let  of  New-Hampshire ;  and  to  support  it,  and  re- 
X    he  incursioL  of  Mr.  Wentworth's  patentees 
las  one  of  the  objects  Mr.  Clinton  had  in  view  at  he 
Tas  meeting  of  his  Assembly.  Nor  could  he  ormt  the 
notification^  for  the  agent,  upon  the  receipt  of  an  ex- 
tract from  Mr.  Wentworth's  letter  to  the  Lords  ot 
Trade   f^om  the  Secretary  to  that  Board,  who  had 
Procured  time  to  consult  his  constituents,  on  the  l«th 
TFebruary,  1753,  wrote  both  to  t^e  Governor  a^^^^ 
ihP  sneaker,  andenc  osed  copies  of  the  JN^^-Hamp 
Kplication  for  running  out  the  l-e  he  had  bc^ 
UD  for  a  partition  between  the  two  colonies.     Ihe 
sequel  wifi  show  how  much  the  unseasonable  neglect 
ofihe  rights  of  the  colony  at  this  juncture,  was  after- 
wards  to  be  regretted. 


k(t*. 


^.! 


|i      i :. 


'^muft^mmi  1 1   If  wiMip    1 1 


)753.J 


151 


[Cliap.  II. 

V  views  prompted 
lalm,  and  despatch- 
^rch,  17 50,  withoul 
)  the  Governor  ol 
plied  grants  of  the 
seal  of  New-Hamp- 
by  pressing  private 

a  point  that  might 
out  difficulty,  is  the 

that  quarter  of  the 

exhibited  its  title, 
he  clandestine  con- 
»  support  it,  and  re- 
ntworth's  patentees, 
m  had  in  view  at  the 
ar  could  he  omit  the 
the  receipt  of  an  ex- 
ter  to  the  Lords  of 
hat  Board,  who  had 
Btituents,  on  the  l«th 
to  the  Governor  and 
softheNew-Hamp- 
it  the  line  he  had  set 

two  colonies.  The 
unseasonable  neglect 
is  juncture,  was  after- 


•  CHAPTER  111. 

,'■■''  ■<■■■'  • 

From  the  raignaiion  of  Oovemor  Clinton,  to  the  appointment 
of  Sir  Danven  OsLorn  as  Governor. 

Mr.  Clinton  was  at  Flushing,  in  Queen's  County, 
where  he  had  resided  the  whole  summer,  when  Sir 
Danvers  Osborn*  arrived  to  succeed  him  in  the  com- 
mand, which  was  on  Sunday,  the  7th  of  October,  1753. 
He  was  met  at  Whitehall  by  the  Council,  Mayor  and 
Corporation,  and  chief  citizens,  and  attended  to  the 
Council  Chamber ;  and,  in  the  absence  of  Mr.  Clin- 
ton, took  up  his  lodging  at  Mr.  Murray's,  whose  wife 
was  a  daughter  of  Governor  Cosby,  and  a  distant  re- 
lation of  Sir  Danvers's  deceased  lady,  a  sister  to  the 
Earl  of  Halifax.  Mr.  Clinton  waited  upon  him  the 
next  day,  and  they  both  dined  at  an  entertainment 
provided  by  the  Council.  On  Wednesday  morning 
they  assembled  the  Council  at  the  Fort,  for  adminis- 
tering the  oaths,  and  then  began  the  usual  procession 
for  reading  the  commission  at  the  Town  Hall.  The 
indecent  acclamations  of  the  populace,  stimulated  by 
the  partizans  of  the  late  troubles,  induced  the  old 
Governor  to  take  leave  of  his  successor  at  a  short 
distance  from  the  Fort,  while  Sir  Danvers  stalked 
along  with  the  Council  and  Magistrates,  rather  se- 
rious than  cheerful,  amidst  the  noisy  shouts  of  a 
crowded  throng. 

After  his  return  to  the  Council  Chamber,  he  receiv- 
ed the  address  of  the  City  Corporation,  of  whir^>  he 
had  a  copy,  and  with  difficulty  restrained  his  f:;(er:- 
tion  of  begging  the  alteration  of  a  passage  in  it,  which 
he  thought  expressive  of  jealousy.   The  words  were : 


m 


*Mr.  Charles,  in  his  letter  of  the  Uth  of  June,  1753,  informed  the 
speaker,  that  Sir  Danvers  was  "  a  gentleman  of  great  worth,  a  Member 
of  Parliament  for  Bedfordshire,  and  brotker-'-i-law  to  the  Earl  of  Halifax." 


^-^rs^fep-^samjay  '"'"'  -* 


152 


[Chap.  III. 


'■I 


"  We  are  sufficiently  assured  that  your  Excellency 
will  be  as  averse  from  countenancing,  as  we  from 
brooking,  any  infringements  of  our  inestimable  liber- 
ties, civil  and  religious." 

These  particulars  arc  mentioned  with  the  more 
minuteness,  on  account  of  the  tragical  end  to  which 
this  unfortunate  gentleman  was  approaching. 

He  told  Mr.  Clinton,  with  disapprobation  of  the 
party  exultations  in  his  progress  to  and  return  from 
the  town-hall,  "  that  he  expected  the  like  treatment 
before  he  left  the  government." 

While  at  a  splendid  dinner,  given  to  the  two  Go- 
vernors and  the  Council  by  the  Corporation,  there 
was  every  demonstration  of  joy.  The  city  Avas  illu- 
minated, cannon  were  discharged,  and  two  bonfires 
lighted  up  on  the  common,  in  the  evening.  Sir  Dan- 
vers  took  no  part  in  the  general  joy.  He  retired  ear- 
ly in  the  afternoon,  and  continued  at  his  lodgings, 
while  the  whole  town  seemed  abandoned  to.  every 
excess  of  riot.  The  last  act  of  Mr.  Clinton's  admi- 
nistration was  the  delivery  to  Mr.  Delancey  of  a  com- 
mission to  be  Lieutenant  Governor.  This  had  been 
done  in  the  presence  of  the  Council,  immediately  al- 
ter he  gave  the  seals  to  Sir  Danvers,  and  it  contribu- 
ted much,  with  the  discovery  now  made  of  Mr.  Clin- 
ton's letter  to  the  Lords  of  Trade  respecting  the  Jer- 
sey claim,*  to  the  mad  transports  of  the  populace  in 
the  streets  and  commons. 

Sir  Danvers  rose  early  on  Thursday  morning,  and 
before  the  family  were  about,  had,  alone,  patrolled 


*  It  wan  divulged  at  one  of  die  hearings,  on  the  39lh  of  May  and  5th  of 
June,  before  the  Board  of  Trade,  after  the  objections  by  Mr.  Forrester  and 
Mr.  Pratt  (since  the  celebrated  Lord  Camden)  to  the  Jersey  act,  and  to 
show,  that  the  Crown  had,  except  some  trifling  quit-rents,  no  interest  in  the 
controversy.  Tl»e  contents  of  the  agent's  letter  of  the  I2th  of  June,  with 
the  history  of  those  debates,  were  now  publicly  retailed,  and  exasperated 
the  New- York  landholders  near  the  contested  line,  for  the  bounds  and  re- 
servations of  their  patents  had  been  authenticated  under  Mr.  Alexander's 
oath,  with  information  concerning  their  vast  extent,  to  make  unfavorable 
impre  sions,  as  Mr.  Clarke  expresses  it,  upon  the  minds  of  the  Lords  of 
Trade ;  "  which  (says  he)  may  possibly  remain."  The  author  transcribed 
the  report,  of  which  Mr.  Pratt  was  the  penman,  in  the  former  volume,  oa 
which  the  Jersey  act  was  rspealed  Siy  the  King. 


d3^gi^^M^0ki^0« """"' 


■).-^?t-.('jj;^^=H^5^'8^«rt.  t^t-iWV^- 


[Chap.  III. 

t  your  Excellency 

icing,  as  we  from 

inestimable  liber- 

ed  with  the  more 
gical  end  to  which 
proaching. 
pprobation  of  the 
o  and  return  from 
the  like  treatment 

en  to  the  two  Go- 
I^orporation,  there 

The  city  Avas  illu- 
,  and  two  bonfires 
evening.  Sir  Dan- 
f.  He  retired  ear- 
d  at  his  lodgings, 
»andoned  to.  every 
At.  Clinton's  admi- 
Oelancey  of  a  com- 
r.  This  had  been 
:il,  immediately  ai- 
rs, and  it  contribu- 

made  of  Mr.  Clin- 
respecting  the  Jer- 
of  the  populace  in 

■sday  morning,  and 
I,  alone,  patrolled 


he  39lh  of  May  and  5th  of 
lions  by  Mr.  Forrester  and 
to  the  Jersey  act,  and  to 
uit-rents,  no  interest  in  the 
of  the  I2th  of  June,  with 
retailed,  and  exasperated 
ine,  for  the  bounds  and  re- 
ted  under  Mr.  Alexander's 
tent,  to  make  unfavorable 
the  minds  of  the  Lords  of 
"  The  author  transcribed 
,  in  the  former  volume,  on 


1753.] 


153 


the  markets  and  a  great  part  of  the  town.  He  com- 
plained of  being  somewhat  indisposed ;  and  at  din- 
ner said,  with  a  smile  to  Mr.  Delancey,  « I  believe  I 
shall  soon  leave  you  the  government.  Hind  myself  una- 
ble to  support  the  burden  of  it."  He  had  convened  the 
Council  in  the  forenoon,  and  appeared  in  some  per- 
turbation at  their  first  assembly,  especially  when  he 
found  thpt  Mr.  Pownal,  who  had  the  key  of  his  cabi- 
net, was  lot  within.  He  was  desirous  to  show  them 
his  instructions.  He  inarmed  them,  that  he  was 
strictly  enjoined  to  insist  u^  >n  the  permanent  indefi- 
nite support  of  government,  and  desired  their  opi- 
nions uj)on  the  prospect  of  success.  There  was  a 
general  declaration,  that  the  Assembly  could  not  bo 
brought  to  adopt  that  scheme.  With  a  distressed 
countenance,  and  in  a  plaintive  voice,  he  addressed 

Mr.  Smith  who  had  not  yet  spoke  a  word "  What 

sir,  is  your  opinion  .?"~and  when  he  heard  a  similar 
answer,  he  sighed,  turned  about,  reclined  against  the 
wmdow-frame,  and  exclaimed,  « then  what  am  I  come 
here  for  .-*" 

In  the  evening  he  had  a  physician  with  him,  talked 
ot  111  health,  was  disconsolate,  and  retired  to  his 
?ir?M  T  f"''  ^*  midnight  dismissed  his  servant. 
While  the  house  was  preserved  the  next  morning  in 
the  utmost  silence,  upon  an  apprehension  that  he  was 
still  asleep,  an  account  was  brought. that  he  was 
hanging  dead  against  the  fence  at  the  lower  end  of 
the  garden.     A  vein  was  opened,  but  to  no  purpose. 

Ihe  malevolence  of  party  rage  would  not.  at  first, 
ascribe  this  event  to  the  insanity  of  the  deceased  • 
but  threw  out  insinuations,  that  he  hatl  been  brought 
to  his  end  by  foul  means,  and  that  the  criminals 
were  some  ot  those  who  could  not  suppress  their  joy  to 
see  Mr.  Clinton  a  private  character  and  Mr.  Delan- 

subsWe^^  *'^^"  '  ""''  ^*'*  ^^""^^  ""•^'"''^  suspicions  soon 
The  Council  were  immediately  summoned  to  Mr 
Murray  s  house,  where  the  tragedy  was  acted,  and 
every  circumstance  inquired  into,  for  the  satisfaction 
both  of  his  relations  and  the  Crown,  and  thevindica- 

20 


if  H 


>^s,i>.<«'r'-(r^ 


,f,4     '  [Chap.  III. 

tion  of  the  party  led  by  the  new  Lieutenant  Gover- 
nor to  such  lengths  against  Mr.  Clinton,  who  was  then 
preparing  for  his  voyage. 

dn  the  top  of  the  fence  was  a  row  of  large  nails, 
inverted,  to  exclude  thieves  from  the  garden,  over 
which  he  had  cast  a  silk  handkerchief  tied  at  the  op- 
posite ends,  and  had  elevated  his  neck  to  it  by  a 
small  board,  which  was  found  near  him  over  his  hat 
upon  the  ground. 

After  his  servant  left  him  he  had  consumed  a  vast 
number  of  private  but  no  public  papers,  endorsed 
others,  which  he  preserved ;  wrapped  up  a  sum  ol 
money,  borrowed  since  his  arrival,  and  directed  it  to 
the  lender.  There  was  lying  on  his  table  a  paper, 
written  in  his  own  hand,  guem  deus  vuU  perdere,  prins 
dcmenhi,  and  the  Coroner's  inquest  believed  his  testi- 
monv,  for  they  found  him  a  lunatic.  ,, ,, 

A  man,  who  before  the  light  of  that  day  passed  the 
river  in  a  boat  under  the  fence,  heard  the  noise  ot  his 
heels  against  it  in  his  last  struggles.    But  Mr.  Pow- 
nal's  testimony  surmounted  every  obstacle  in  the 
minds  of  all  persons  of  candor.     1  his  gentleman 
Csince  so  well  known  in  the  characters  of  Lieutenant 
Governor  of  New-Jersey,  assistant  to  the  Earl  of  Lou- 
doun in  the  war  of  1756,  Governor  of  Massachuse  ts 
Bay,  Commissary  in  Germany,  and  a  member  ot  tiie 
British  Parliament)  came  out  as  a  guide  and  assistant 
to  Sir  Danvers  Osborn,  and  revealed  the  secret,  that 
the  Baronet  had  been  melancholy  ever  since  the  loss 
of  his  lady,  whom  he  most  passionately  admired, 
and  that  he  had  before  attempted  his  ownhfe  with  a 
razor;  adding,  that  Lord  Halifax,  by  whose  mterest 
he  obtained  the  government,  had  hopes  that  an  ho- 
norable and  active  station  abroad  might  have  de- 
tached him  from  the  constant  object  of  his  anxious 
attention.     As  it  may  be  interesting  to  know  every 
thina  relating  to  this  unfortunate  gehtleman,  and  as 
Mr.  Smith  was  at  that  tiiae  one  of  the  Counci ,  and 
under  no  bias  to  the  party  calummated  at  his  death, 
and  his  diary  kept  with  such  secresy  that  none  ot  his 
ahildren  ever  knew,  in  his  life-time,  that  he  had  one, 


f^ 


[Chap.  IH. 

intenant  Gover- 
n,  who  was  then 

V  of  large  nails, 
lie  garden,  over 
»f  tied  at  the  op- 
neck  to  it  by  a 
lim  over  his  hat 

consumed  a  vast 
apers,  endorsed 
ped  up  a  sum  of 
nd  directed  it  to 
3  table  a  paper, 
mlt  perdere^  prins 
►elieved  his  testi- 

it  day  passed  the 
d  the  noise  of  his 
I.    But  Mr.  Pow- 
obstacle  in  the 
This  gentleman 
crs  of  Lieutenant 
)  the  Earl  of  Lou- 
jf  Massachusetts 
a  member  of  the 
jide  and  assistant 
3  the  secret,  that 
(ver  since  the  loss 
onately  admired, 
lis  own  life  with  a 
>y  whose  interest 
hopes  that  an  ho- 
I  might  have  de- 
BCt  of  his  anxious 
)g  to  know  every 
eiitleman,  and  as 
'  the  Council,  and 
ated  at  his  death, 
sy  that  none  of  his 
,  that  he  had  one, 


1753.J 


155 


for  the  sake  of  truth  these  passages  are  inserted,  that 
the  most  scrupulous  may  be  satisfied. 


r 

I 

■  «  Wednesday^  10th  October,  1753. 

I  "  Sir  Danvers  Osborn  published  his  commission, 

I  took  the  usual  state  oaths  and  that  relating  to  traded 
I  and  received  the  seals  from  the  liands  of"Governor 
Clinton,  who  then  (pursuant  to  an  order  from  the 
Duke  of  Newcastle  to  deliver  the  commission  of  Lieu- 
tenant Governor,  before  his  Excellency  left  the  go- 
vernment, to  James  Delancey,  Esquire,)  delivered  the 
same  in  Council  accordingly,  and  Sir  Danvers  took 
the  oath  of  Governor  and  Chancellor,  or  Keeper  of 
the  Great  Seal.  The  commission  was  afterwards 
published  at  the  City-Hall.  The  Corporation  treated 
the  new  Governor  and  Council  at  Burns's ;  and  the 
whole  was  conducted  and  the  day  and  evening  spent 
with  excessive  shoutings ;  two  bonfires,  illuminations, 
ringing  of  the  church  bells  in  the  city,  drunkenness, 
and  other  excessive  demonstrations  of  joy. 

"  Thursday,  Uth  October. 
"  Sir  Danvers  appeared  very  uneasy  in  Council. 

'  Friday,  \2th  October. 

"  Alarmed  by  the  door-keeper  of  the  Council  about 
eight  o'clock,  desiring  me  to  come  to  Mr.  Murray's, 
saying,  *  tlie  Governor  had  hanged  himself:  Went,  and' 
found  it  awfully  true.  He  had  been  found  in  Mr. 
Murray's  garden  hanging  in  his  handkerchief  fasten- 
ed to  the  naiis  at  the  top  of  the  fence.  On  the  first 
discovery,  his  body  was  found  quite  cold,  and  upon 
two  incisions  no  blood  issued.  He  was  brought  into 
the  house  and  laid  on  the  bedstead,  where  I  saw  him, 
a  woful  spectacle  of  human  frailty  and  of  the  wretch- 
edness of  man,  when  left  to  himself.  The  Council 
went  from  Mr.  Murray's  to  the  fort,  where  Chief  Jus- 
tice Delancey  publish'^d  his  commission,  and  took  the 
oaths  in  our  presence,  and  received  the  commission 
of  Sir  Danvers  and  seals  and  instructions,  by  order 
of  Council,  from  Thomas  Pownal,Esq.;  but  took  not 


4.4 


156  [Chap.  iH. 

the  oath  of  Chancellor,  lest  it  might  supersede  his 
commission  of  Cliief  Justice,  till  this  point  be  consi- 
dered. His  commission,  after  it  was  read  in  Council, 
was  published  only  before  the  fort  gate,  without  any 
parade  or  show,  because  of  the  melancholy  ev  nt  of 

this  day. 

"  The  character  of  Sir  Danvers  Osborn,  Baronet,  ot 
Chicksands  in  the  county  of  Bedford,  as  far  as  I  could 
observe,  having  been  every  day  shice  his  arrival  with 
him,  was  tU's — he  was  a  man  of  good  sense,  great 
modesty,  and  of  a  genteel  and  courteous  behavior. 
He  appeared  very  cautious  in  the  wording  of  the 
oaths,  particularly  for  observing  the  laws  of  trade  en- 
joined by  the  statute  of  7th  and  8th  William  III.  He 
appeared  a  very  conscientious  man  to  all  the  Coun- 
cil in  that  particular.  A  point  of  honor  and  duty,  in 
a  foreseen  diflTicuUy  to  reconcile  his  conduct  with  his 
Majesty's  instructions,  very  probably  gave  his  heart 
a  fatal  stab,  and  produced  that  terrible  disorder  in 
his  mind  which  occasioned  his  laying  violent  hands 

on  himself.  •  i     • 

"  He  was  found  between  seven  and  eight  m  the 
morning  hanging  about  eighteen   inches  from  the 
ground,  and  had  been  probably  some  hours  dead. 
His  Secretary  told  me,  this  morning,  he  had  often 
said  to  him,  he  wished  he  was  Governor  in  his  stead.    He 
or  somebody  else  desired  me  to  observe  the  ashes  in 
the  chimney  of  his  bed-room,  as  being  necessary  to 
be  observed  to  excuse  his  pro< hieing  of  any  papers 
that  might  be  expected  to  be  produced  by  him,  and 
he  showed  me  two  pocket-books  in  which  there  was 
nothing  remaining.    He  said,  that  when  the  copy  of 
the  Episcopal  Church  address  was  shown  yesterday, 
he  observed  to  Sir  Danvers,  that  he  would  have  an 
opportunity  here,  by  going  to  church,  to  act  accord- 
ing to  his  own  mind,  and  that  he  (the  Secretary)  with 
the  gentlemen  should  wait  on  him.    To  which  (says 
Mr.  Pownal)  he  gave  me  this  shocking  answer,  'you 
may,  but  /  shall  go  to  my  grave.' 

"  A  committee  of  Mr.  Alexander,  Mr.  Chambers, 
and  the  Mayor,  are  appointed  to  take  depositions 


[ciiap.  m. 

it  supersede  his 
3  point  be  consi- 
read  in  Council, 
ate,  without  any 
jncholy  ev  nt  of 

born.  Baronet,  of 
,  as  far  as  I  could 
»  his  arrival  with 
)od  sense,  great 
rteous  behavior, 
wording  of  the 
laws  of  trade  en- 
William  III.  He 
to  all  the  Coun- 
)nor  and  duty,  in 
conduct  with  his 
ly  gave  his  heart 
[•ible  disorder  in 
ng  violent  hands 

and  eight  in  the 
inches  from  the 
)me  hours  dead, 
ng,  he  had  often 
ir  in  his  stead.  He 
erve  the  ashes  in 
jing  necessary  to 
ng  of  any  papers 
need  by  him,  and 
I  which  there  was 
when  the  copy  of 
shown  yesterday, 
le  would  have  an 
ch,  to  act  accord- 
e  Secretary)  with 
To  which  (says 
ling  answer,  ^you 

T,  Mr.  Chambers, 

take  depositions 


1753.] 


concerning  the  facts  and  circumstances  attend'ng  his 
death.  The  jury  have  found  Sir  Danvers  (as  is  said) 
non  compos  mentis.'  Mr.  Barclay*  was  sent  for  into 
Council  to  desire  him  to  read  the  burial  service.  He 
objected,  as  the  letter  of  the  rubric  forbids  the  read- 
ing it  over  any  that  lay  violent  hands  on  themselves. 
Agreed  in  Council,  that  the  meaning  ought  to  be  re- 
garded more  than  the  words.  I  said,  qui  ha;ret  in  li- 
tere,  heeret  in  cortice,  and  if  the  jury  on  inquest  found 
Sir  Danvers  non  compos,  his  corpse  had  as  much 
right  to  Christian  burial  as  the  corpse  of  a  man  who 
had  died  in  a  high  fever.  This  seemed  to  satisfy  Mr. 
Barclay  coming  from  me,  seeming  with  more  of  his 
regard,  than  if  it  had  come  from  another.f  He  said, 
he  had  not  any  scruples  of  conscience,  but  he  desired 
to  avoid  censure,  as  we  have  people  of  different  opi- 
nions amongst  us. 

«  Sabbath,  1  ilk  October,  1 753. 

"  Last  evening  attended  the  funeral  of  Sir  Danvers 
Osborn,  as  a  bearer,  with  five  others  of  the  Council 
and  Mr.  Justice  Horsmanden  and  Mr.  Attorney  Ge- 
neral ;  and  this  day,  in  the  old  Enghsh  Church,  heard 
a  sermon  from  Hebr.  1 0th  chap.  24th  verse — '' and  let 
tis  consider  one  another,  to  provoke  unto  love  and  to  good 
works.'*  " 

Mr.  Clinton  had  no  sooner  gjven  up  the  reins  than 
he  retired  to  the  west  end  of  Long  Island,  from 
whence  he  embarked,  but  not  till  he  had  suffered  the 
keenest  mortification  under  the  late  unexpected  vi- 
cissitudes ;  for  he  not  only  heard  himself  execrated, 
and  saw  his  enemy  advanced  and  applauded,  but  was 
a  witness  to  the  ungrateful  desertions  of  some  of 


*  This  gentleman,  who  served  as  a  J^Iissionary  to  the  Mohawks,  was,  on 
the  death  of  Mr.  Vesey  in  1746,  calRdto  be  Rector  of  Trinity  Church  in 
the  metropolis.  His  arrears  of  20  pounds  were  provided  for  in  the  support 
bill  of  that  year,  and  there  has  been  no  provincial  allowance  since  that 
time  towards  the  propagation  of  Christianity  among  the  Indians. 

t  Mr.  Smith  was  a  member  of  the  Presbyterian  congregation  in  coni- 
muuion  with  the  Church  of  Scotland. 


I  ^in»  mm  I  p»^ 


1^8  ^  L<^l»aP-  "* 

those  he  Imd  laiseil  and  obliged.     He  had,  neverthe- 
less, the  spirit  to  reject  some  insidious  advancements 
made  by  Mr.  Delancey  towards  a  reconcihation ;  and 
thus  parting  foes,  that  artful  politician  who  could 
not  win  him  by  blandishment,  resolved  to  parry  his 
resentments  and  enervate  his  testimony,  by  loading 
him  with  disgrace.     Thus  he  cut  him  out  work  when 
he  arrived  in  England  for  the  defence  of  himself. 
He  sailed  in  the  Arundel  about  the  beginning  of  No- 
vember.   Easy  in  his  temper,  but  incapable  of  busi- 
ness, he  was  always  obliged  to  rel^  upon  some  favo- 
rite.   In  a  province  given  to  hospitality,  he  erred  by 
immuring  himself  in  the  fort,  or  retiring  to  a  grotto  in 
the  country,  where  his  time  was  spent  with  his  bottle 
and  a  little  trifling  circle,  who  played  billiards  with 
his  lady  and  lived  upon  his  bounty.    His  raanner  ot 
living  was  the  very  reverse  of  that  requisite  to  raise  a 
party  or  make  friends.  He  was  seldom  abroad ;  many 
of  the  citizens  never  saw  him ;  he  did  not  even  attend 
divine  worship  above  three,  or  four  times  during  his 
whole  administration.    His  capital  error  was  grati- 
fying Mr.  Delancey  with  a  commission,  which  ren- 
dered him  independent  and  assuming,  and  then  re- 
posing equal  confidence  in  Colden,  who  was  inter- 
ested in  procuring  his  recall,  or  rendering  the  country 
his  abhorrence.    He  saw  that  event,  and,  to  prepare 
tor  it,  ventured  upon  measures  that  exposed  him  to 
censure.    Mrs.  Clinton  prompted  her  husband,  whose 
good  nature  gave  place  to  her  superior  understand- 
ing, to  every  plausible  device  for  enhancing  the  pro- 
fits of  his  government     He  sometimes  took  money 
for  offices,  and  sold  even  the  reversions  of  such  that 
were  merely  ministerial.    He  set  the  precedent  for 
the  high  fees  since  demanded  for  land  patents,  and 
boldly  relied  upon  the  interest  of  his  patrons  to 
screen  him  from  reprehension.    He  became  after- 
wards Governor  of  Grfe«nwich  Hospital.    It  was  a 
shrewd  observation  made  by  Col.  Choat  to  the  author, 
at  Sheffield,  in  May  1755,  on  the  controversy  line  be- 
tween this  colony  and  the  Massachusetts  Bay,  that 
Mr.  Clinton  was  of  ail  others  the  man  we  should  have 


"mp" 


jCliap.  Hi. 

[e  had,  neverthe- 
Lis  advancements 
conciliation ;  and 
iciaa  who  could 
ved  to  parry  his 
aony,  by  loading 
u  out  work  when 
fence  of  himself, 
beginning  of  No- 
icapable  of  busi- 
upon  some  favo- 
ility,  he  erred  by 
ring  to  a  grotto  in 
nt  with  his  bottle 
ed  billiards  with 
His  raanner  of 
equisite  to  raise  a 
>m  abroad ;  many 
d  not  even  attend 
times  during  his 
error  was  grati- 
ssion,  which  ren- 
ng,  and  then  re- 
,  who  was  inter- 
iering  the  country 
t,  and,  to  prepare 
t  exposed  him  to 
jr  husband,  whose 
erior  understand' 
nhancing  the  pro- 
imes  took  money 
>ions  of  such  that 
;he  precedent  for 
land  patents,  and 
>f  his  patrons  to 
■le  became  after- 
ospital.    It  was  a 
boat  to  the  author, 
jntroversy  line  be- 
chusetts  Bay,  that 
an  we  should  have 


»753.j 


159 


wished  for  our  Governor;  lor  his  bottle  and  a  present, 
lie  would  have  granted  you  every  thing  within  the 
sphere  of  his  commission ;  but  by  joining  Delanccy, 
you  became  the  dupes  of  private  anibition,  and 
brought  your  colony,  through  the  Newcastle  interest, 
into  disgrace  with  the  Crown.  Mr.  Clinton''B  accounts 
for  expenditures,  in  consequence  of  the  Duke's  orders 
of  1746,  amounted  to  eighty-four  tiiousand  pounds 
sterling ;  and  it  was  supposed  that  the  Governor  rc- 
turricd  to  England  with  a  fortune  very  little  short  of 
that  sum. 

The  ambition  and  strife  of  Golden  and  Delancey 
gave  rise  to  the  new  instruction,  which  arr  ad  here 
without  any  previous  intimation,  for  the  ministry  had 
eluded  the  vigilance  of  the  agent,  who  so  late  as  the 
1 1th  of  June  informed  the  speaker,  that  the  repre- 
sentations of  the  Lords  of  Trade,  on  which  it  was 
undoubtedly  founded,  was  still  unproceedcd  upon  in 
Council. 

The  thirty-ninth  article  recited,  that  great  disputes 
had  subsisted  between  the  several  branches  of  the 
legislature,  the  peace  of  the  province  had  been  dis- 
turbed, government  subverted,  justice  obstructed, atul 
the  prerogative  trampled  upon ;  that  the  Assembly 
had  refused  to  comply  with  the  commission  and  in- 
structions respecting  money  raised  for  the  supply  and 
support  of  government,  had  assumed  the  disposal  of 
public  money,  the  nomination  of  officers,  and  the  di- 
rection of  the  militia  and  other  troops ;  that  some  of 
the  Council,  contrary  to  their  duty,  allegiance,  and 
trust,  had  concurred  with  them  in  these  unwarranta- 
ble measures ;  and,  therefore,  it  enjoined  iiie  Com- 
mander-in-chief, to  endeavor  to  quiet  the  minds  of 
the  people,  to  call  the  Council  and  Assembly  toge- 
ther, and  in  the  strongest  and  most  solemn  manner 
to  declare  the  King's  high  displeasure  for  their  neg- 
lect and  contempt,  to  exact  due  obedience,  to  recede 
from  all  encroachments,  to  demean  themselves  peace- 
ably, to  consider  without  delay  of  a  proper  law  for 
a  permanent  revenue,  solid,  indefinite,  and  without  limita- 
tion, giving  salaries  to  all  Governors,  Judges,  Justices, 


m^ 


[Clmp.Iir 


i'l.^i* 


unci  other  nocossary  o/liccrs  artd  ministers  of  govern- 
ment, for  erecting  and  repairing  fortifications,  annual 
presents  to  the  Indians  and  the  expense  attending 
them ;  "  and,  in  g^eneral,  for  all  such  other  charges  of 
government  as  may  be  fixed  or  ascertained."  It  then 
permits  temporary  laws  for  temporary  services,  ex- 
piring when  these  shall  cease ;  but  such  laws,  also, 
are  to  be  consistent  with  the  prerogiitive  royal,  the 
commission,  and  instructions.  It  also  directs,  that  all 
money  raised  for  the  supply  and  support  of  govern- 
ment, or  for  temporary  emergencies,  be  applied  to 
the  services  for  which  it  was  raised,  nc  otherwise 
than  by  the  Governor's  warrant,  with  I  advice  and 
consent  of  the  Council ;  not  allowing  the  Assembly 
to  examine  any  accounts ;  and  afterwards  it  com- 
mands, that  if  any  Counsellor,  or  other  Crown  officer 
in  a  place  of  trust  or  profit,  shall  assent,  advise,  or 
concur  with  the  Assembly  for  lessening  the  preroga- 
tive, or  raising  or  disposing  money  in  any  other  me- 
thod, the  Governor  shall  suspend  the  offender  and  re- 
port it  to  the  Board  of  Trade.  By  the  47th,  the  Go- 
vernor was  prohibited  from  assenting  to  a  law  where- 
by any  gift  was  made  to  him  by  the  Assembly,  in  any 
other  manner  than  above  mentioned.  48th,  allowed 
him  to  take  a  salary  of  twelve  hundred  pounds  ster- 
ling per  annum.  49th,  to  receive  a  further  sum,  pro- 
vided it  be  settled  on  himself  and  his  successors,  or 
during  the  whole  of  his  administration,  and  that  within 
a  year  after  his  arrival.  50th,  required  the  three  last 
to  be  communicated  to  the  Assembly  at  the  first  meet- 
ing of  the  Assembly  after  Sir  Danvers  Osborn's  ar- 
rival, and  to  be  entered  in  the  registers  both  of  the 
Council  and  Assembly. 

Upon  the  supposition  that  the  Council  and  Assem- 
bly would  obstinately  resist  the  execution  of  these 
commands,  of  which  Sir  Danvers  Osborn  could  not 
doubt,  he  must  have  perceived  that  his  administration 
would  not  only  prove  destructive  to  his  private  for- 
tune, but  draw  upon  him  the  general  odium  of  the 
country,  and  excite  tumults  dangerous  to  his  personal 
safety. 


■-'■']  m'M 


■■I  pf'i" 


[Clmp.Iir 

isters  of  govorn- 
Hcations,  annual 
pense  attending 
other  charges  ol" 
;ained."  It  then 
iry  services,  ex- 
such  laws,  also, 
;;itive  royal,  the 
0  directs,  that  all 
>port  of  govern- 
s,  be  applied  to 
d,  nc  otherwise 
I)  t  advice  and 
ig  the  Assembly 
?rwards  it  com- 
er Crown  officer 
ssent,  advise,  or 
ing  the  preroga- 
n  any  other  me- 

offender  and  re- 
he  47th,  the  Go- 
g  to  a  law  where- 
assembly,  in  any 
48th,  allowed 
red  pounds  ster- 
further  sum,  pro- 
is  successors,  or 
1,  and  that  within 
•ed  the  three  last 

at  the  first  meet- 
ers  Osborn's  ar- 
sters  both  of  the 

incil  and  Assem- 
ecution  of  these 
'shorn  could  not 
is  administration 
i  his  private  for- 
mal odium  of  the 
IS  to  his  personal 


ilDX] 


IGI 


I 


The  Council  at  this  period  were — 

Messrs.  Colden,  Messrs.  Rutherford, 

Alexander,  Holland, 

Kennedy,  .fohnsoii, 

Delancey,  Chambers, 

Clarke,  Junior,  Smith., 

Murray, 
Of  these  Mr.  Alexander  and  Mr.  Smith,  as  the  ori- 
ginal projectors  of  the  modern  scheme  of  an  annual 
support,  and  Mr.  Delancey  and  Mr.  Murray,  as  the 
subsequent  fautors  of  that  measure',  and  Mr.  Justice 
Chambers,  who  held  his  office,  as  well  as  tiie  Chief 
Justice,  during  good  behavior,  must  have  immediate- 
ly lost  their  places  at  the  Council  Board :  and  Mr. 
Secretary  Clarke  residing  in  England,  the  Governor's 
reliance  in  that  branch  of  the  Legislature  could  only 
have  extended  to  Mr.  Colden,  Mr.  Kennedy,  the 
Collector  of  the  Customs  and  Receiver  General  of 
the  royal  rents,  Mr.  Rutherford,  a  Captain  of  one  of 
the  independent  companies,  Mr.  Holland,  Mayor  of 
the  capital,  Mr.  Johnson,  then  Colonel  of  the  militia 
and  residing  in  the  Indian  country :  nor  was  it  cer- 
tain that  even  those  four  last  mentioned  would  have 
preferred  their  offices  to  their  patriotism  and  the  ab- 
horrence of  the  multitude:  and  when  the  sanction 
for  infusing  obedience  came  to  be  applied  to  the  As- 
sembly, the  tumult  would  extend,  not  only  to  the  de- 
pluming of  nine  of  the  twenty-seven  from  their  rank 
in  the  militia,  but  many  others,  who  were  Judges  and 
Justices  of  the  inferior  courts ;    to  say  nothing  of 
their  relations  and  friends  and  other  public  olHcers, 
in  a  variety  of  stations,  in  all  parts  of  th^  province, 
who  might  interfere  in  supporting  them,  and  fall  un- 
der the  character  of  their  advisers.     Besides,  it  was 
imagined  by  some,  that  the  instruction  was  designed 
for  the  removal  also  of  the  Judges,  and  to  bring  the 
question  to  a  trial— whether  Mr.  Clinton  had  au- 
thority to  give  them  freeholds  in  (heir  places.?— a 
point  of  law  ultimately  cognizable  before  his  Majes- 
ty in  Privy  Council;  and  because  attended  with  dan- 
gerous consequences,  not  improbably  one  of  the  mo- 

21         -  » 


;HJ2  «  '  [Chap.  UI. 

lives  ofadmiiiislration  in  raising;  Mr.  Delancey  to  ihr 
place  of  IViculonant  Governor,  1'iat  the  ambition  ol 
thc(lomagot,Mic  mif,^ht  be  pre-engaged  into  the  service 
and  aims  of  the  ministry. 


'W  i 


CHAPTER  IV. 

From  the  Death  of  Sir  Dnnvers  Osborii  to  the  accession  of 
Lieutenant  Governor  Delancey. 

Bur  ihe  death  of  Sir  Dar'-^rs  Osborn  dispelled  the 
impending  storm;  and  Dr.  Colden  who  had  retired 
to  the  country  in  disgust,  cheated  by  his  friends  ard 
disappointed  by  tnc  administration,  and  whose  only 
consolation,  under  the  scoffof  his  enemies  and  the  ge- 
neral contempt  of  the  people,  was  the  vain  belief  that 
he  had  spread  a  net  to  entangle  his  old  rival,  was 
soon  after  doubly  mortified  to  sec  lum  elude  it  by 
his  craft,  and  the  deep  laid  plan  itself  vanish  like  a 

bubble. 

Mr.  Delancey 's  path  was  a  plain  one.     He  must, 
indeed,  resign  the  hope  of  a  salary  for  one  or  per- 
haps two  or  three  years,  but  the  arrears  would  not 
be  lost,  if  he  could  save  his  station.    He  had  to  pre- 
serve that  Assembly— rebuke  them  publicly,  for  not 
obeying  the  instructions— and  privately  contederate 
with  them,  not  only  to  remonstrate  against  them,  but 
to  impeach  Mr.  Clinton  and  blunt  the  edge  of  his  ac- 
cusations.    And  while  this  farce  was  acting,  he  had 
nothing  to  dread  from  the  Council,  none  of  them  ap- 
proving while  others  were  averse  from  the  indefinite 
support ;  Mr.  Colden  excepted,  who  became  iriecon- 
cileablc  to  the  late  Governor  by  the  private  scheme 
to  exalt  Mr.  Morris,  and  therefore  not  disposed,  nor, 
by  his  retreat,  in  a  situation,  if  willing,  to  tell  any 
thing  on  the  other  side  of  the  water,  for  the  gratifica- 
tion of  Mr.  Clinton's  reven|e, 


[CJhap.  UI. 

Delancey  to  thi' 

the  ambition  ot' 

I  into  the  service 


I  to  the  accession  of 
iceij. 

orn  dispelled  the 
who  had  retired 
)y  his  friends  ard 
,  and  whose  only 
leraiesand  thege- 
le  vain  belief  that 
lis  old  rival,  was 
him  elude  it  by 
self  vanish  like  a 

n  one.  He  must, 
y  for  one  or  per- 
arrears  would  not 
1.  He  had  to  pre- 
i  publicly,  for  not 
:ately  confederate 

against  them,  but 
he  edge  of  his  ac- 
as  acting,  he  had 

none  of  them  ap- 
iVom  the  indefinite 
lo  became  irrecon- 
he  private  scheme 
not  disposed,  nor, 
illing,  to  tell  any 
;r,  for  the  gratifica- 


1753.] 


163 


When  Mr.  Delancey  had  been  sufficiently  regaled 
by  the  incense  of  the  most  fulsome  adulation,  pro- 
moted by  his  friends,  from  all  ranks  and  classes,  to 
preserve  his  popularity  on  one  side  of  the  water,  and 
render  it  useful  to  him  and  his  party  on  both,  he  con- 
vened the  Assembly,  and  on  the  31st  of  October,  be- 
fore Mr.  Clinton's  departure,  made  a  speech,  lament- 
ing the  death  of  Sir  Danvers  as  a  public  loss,  because 
he  had  birth,  a  liberal  education,  and  a  distinguished 
character;  communicated  a  copy  of  the  obnoxious 
instructions,  that  they  might  thus  be  informed  ol  uis 
Majesty's  displeasure ;  asked  provision  for  repairing 
the  city  fortifications  and  the  trading  house  at  Oswe- 
go; recommended  the  preservation  of  the  Indian  al- 
liance ;  condemned  the  farming  of  the  excise ;  ad- 
vised to  train  the  people  to  arms,  by  a  well  regulated 
militia  law  ;*  applauded  the  late  act  for  inspecting 
flour;  urged  to  the  prevention  of  frauds,  in  the  ex- 
portation of  beef,  pork,  and  other  commodities ;  and 
to  give  appearance  of  zeal  at  court,  earnestly  pressed 
it  upon  ttiem,  to  frame  their  bills  for  supporting  the 
government  in  such  a  manner  as  the  royal  instructions 
required ;  observing,  very  sagaciously  indeed,  "  that 
by  our  excellent  constitution  the  executive  power  is 
lodp-ed  in  the  Crown,"  but  unfairly  adding,  (since,  as 
a  la.vyer,  he  knew  his  doctrine  asserted  in  general 
terms  to  be  unsound)  that  the  legal  course  for  abuses 
of  power  was  by  application  to  the  Crown ;  which  was 
an  abuse  of  their  confidence,  public  officers  being  in 
m^ny  instances  indictable  by  a  grand  jury,  and  that 
the  annual  support  had  been  substituted  in  this  pro- 
vince, to  supply  the  wants  of  relief  in  '<ome  cases, 
for  which  the  laws  of  England  prescribe  an  impeach- 
ment. 

The  Assembly,  after  condoling  the  death  of  the  late 
Governor,  exult  in  the  succession  by  a  person  of  his 


■''  A  militia  law  is  generally  favored  bom  by  Governors  and  the  As- 
■Sembly,  as  it  serves  the  latter  in  elections,  and  the  former  by  jriatifying 
the  merubers  at  whose  instance  the  militia  officers  are  ordinuiily  ap- 
ppinted. 


164 


[«  inp.  IV. 


%  % 


known  abilities  and  just  principlr8,ant!  declare  them- 
selves extremely  surpriHed  to  find  the  colony  had 
been  so  malieioiiHly  misrepresentc*! ;  they  boa»t  ot' 
their  attachment  to  the  Crown ;  are  at  a  loss  for  in- 
stances of  disorder,  except  in  the  obstruction  or  per- 
version of  public  justice  by  Mr.  Clinton's  orders,  to 
stop  the  course  ol  the  law  in  Dutchess  county — his 
appointing  Judges  and  justices  of  ill  fame  and  ex- 
treme ignorance,  one  prosecuted  for  perjury  whom 
he  rewarded,  they  say,  with  the  office  of  Assistant 
Judge,  and  others  who  were  so  illiterate  as  not  to  be 
able  to  write  their  names  ;  that  instead  of  assuming 
the  direction  of  the  militia,  they  had  declined  med- 
dling with  it ;  they  had  not  the  most  distant  thought 
of  injuring  the  just  prerogatives  of  the  Crown ;  that 
the  present  mode  of  raising  and  issuing  public  mo- 
ney had  been  practised  for  sixteen  ^ears,  and  they 
hoped  for  his  assent  to  bills  accorduig  to  the  usual 
course ;  that  nothing  sliould  be  wanting  to  promote 
the  King's  service  and  render  his  administration  easy 
and  happy. 

He  ecboes  back  their  testimony  in  favor  of  the  loy- 
alty of  the  people,  having,  in  riding  the  circuits  for 
twenty  years,  observed  not  an  instance  of  disaffection, 
and  promises  to  remove  such  officers  as  they  com- 
plain of;  but,  with  respect  to  his  assent  to  their  bills, 
he  engages  his  concurrence,  if  they  are  framed  in 
such  a  manner  as  his  Majesty  expects. 

They  proceeded  to  a  variety  of  acts,  in  the  fullest 
confidence  of  their  being  passed  ;  and,  for  form  sake, 
among  the  rest  sent  up  the  annual  support  bill  to  the 
Council,  and  stimulated  them  for  information  con- 
cerning its  progress,  but  were  answered  immediately 
that  it  was  rejected.* 


*  On  the  29th  November,  twelve  days  before  the  Council's  negative,  Mr. 
Jones  writes  to  the  agent :  "  Yon  will  doubtless,  before  this  reaches  you, 
hear  of  the  sudden  and  surprising  death  of  Sir  Danvers  Osborn,  and  of 
the  government's  being  thereby  devolved  on  Mr.  Delancey,  our  Chief  Jus- 
tice. Under  this  administration  we  conceived  great  hopes,  that  all  former 
disputes  would  have  subsided ;  but,  unluckily  for  this  unhappy  colony,  the 
instructions  Sir  Danvers  brought  with  him,  with  respect  to  the  issuing  bills 
for  raisicg  and  issuing  public  money,  are  such,  that,  T  think,  no  General 


[«  i.np.  IV. 

nd  declare  tbem- 
tlie  colony  had 
I ;  (hoy  boa»t  of 
at  a  loss  for  iti- 
>s(ruction  or  per- 
nionV  orders,  to 
icss  county — his 
ill  fame  and  cx- 
i>r  perjury  whom 
nice  of  Assiittant 
rate  as  not  to  be 
ead  of  assuming 
d  declined  med- 
t  distant  thought 
the  Crown ;  that 
uing  public  mo- 
years,  and  they 
ling  to  the  usual 
nting  to  promote 
ministration  easy 

1  favor  of  the  loy- 
g  the  circuits  for 
ne  of  disaffection, 
ers  as  they  com- 
sent  to  their  bills, 
\y  are  framed  in 
ts. 

tcts,  in  the  fullest 
[)d,  for  form  sake, 
jpport  bill  to  the 
information  con- 
ired  immediately 


Council's  negative,  Mr. 
before  this  reaches  you, 
Danvers  Osborn,  and  of 
)elancey,  our  Chief  Jus- 
sat  hopes,  that  all  former 
this  unhappy  colony,  tho 
ispect  to  the  issuing  bills 
at,  T  think,  no  General 


r 

1753.] 


immm 


Iff 

He  had  every  proof  of  their  willingness  to  oblige 
him.     Upon  u  message,  with  Lord  Holdernesse's  let- 
ter,  advising  of  an  intended  encroachment  of  Iho 
French  and  Indians,  they  resolved  to  assist  the  neigh- 
boring colonies ;  to  resist  force  by  force,  in  case  of 
any  invasion  ;  carrieil  on  sham  process  for  punishing 
a  printer,  who  had  republished  in  a  newspaper  that 
part  of  their  journals  containing  the  thirty-ninth  in- 
struction, only  the  substance  ol  which  he  was  or- 
^r^A    ^o    •■eveal.     They  also  voted  him  a  salary 
ot  fifteen  hundred  and  sixty  pounds,  a  larger  sum 
than  ever  was  given  to  any  former  Lieutenant  Go- 
vernor,  and  eoual  to  Mr.  Clinton's  allowance;  eight 
hundred  pounds  more  for  Indian  presents;  one  hun- 
dred  and  fifty  pounds  for  his  voyage  to  Albany ;  four 
hundred  pounds  for  fuel  and  lights  to  the  garrison ; 
his  arrears  as  chief  justice  to  the  12th  of  October; 
and  after  the  rejection  of  the  support  bill,  bound 
themselves  tor  the  expenses  of  his  voyage  and  the 
presents  he  might  distribute  to  the  Indians.     While 
the  Lieutenant  Governor,  on  the  other  hand,  conspir- 
ed with  them  in  appouiting  counsel  to  defend  a  quan- 
tity  of  powder  in  the  province  stores,  seized  by  Mr. 
Kennedy,  who  was  a  friend  to  the  late  Governor,  and 
struck  at  for  seizing  it  as  contraband;  passed  fifteen 
popular  laws,  and  continued  the  session  till  they  had 
I>erfected  a  complaint  to  the  King,  and  a  representa- 
tion to  the  Lords  of  Trade,  against  Mr.  Clinton ;  ten- 
derly remarking  before  they  parted,  that  they  "  must 
be  sensible  they  had  not  acted  in  compliance  with 
his  Majesty's  roval  instructions;"  and  « that  he  hop- 
ed, after  consulting  their  constituents,  they  would,  at 
their  next  meeting,  bring  with  them  such  dispositions 
as  would  effectually  promote  the  public  service,  and 
then  proceed  with  a  due  regard  to  what  his  Majesty 


Assonnbly  will  comply  with  them;  ar.J.  therefore,  I  apprehend  that  no  law 
will  be  passed  for  the  application  of  public  money  this  awsion,  nor  Gover- 
nor or  Council  recede  without  permission." 


'»..   W^         ■■■    ■     JS>,i.tfcjl»«tl«»ftiM 


itwt-ii>.-.-^A«*.a« 


r        I  lii  ifc  nt 


16(5 


[Chap.  IV. 


justly  expected  i'vom  them,  and  thereby  recommend 
themselves  to  his  royal  grace  and  favor." 

The  address  is  a  short  declaration  to  the  King  of 
their  abhorrence  of  those  groundless  imputations  of 
disloyalty,  most  falsely  and  maliciously  "  reported  to 
him."  "  Surely  none  but  men  destitute  of  justice, 
honor,  and  veracity,  would  represent  us  in  a  light  so 
distant  from  truth."  It  concludes  with  warm  profes- 
sions of  loyalty  and  affection,  roundly  affirming,  "  that 
there  is  not  a  native  of  the  colony  who  would  not 
cheerfully  hazard  his  life,  fortune,  and  all  that  is  dear 
to  him  in  the  defence  of  his  person,  family,  and  go- 
vernment." But  their  complaint  to  the  Plantation  of- 
fice is  a  verbose,  angry  attack  upon  the  late  Gover- 
nor, and  is  so  artless  and  unguarded  as  to  reproach 
their  Lordships  by  their  representation  to  the  King. 

Relative  to  the  late  disputes,  they  assert,  that  they 
arose  from  the  mal-administration  of  Mr.  Clinton,  who 
had  maligned  the  colony  to  escape  the  censure  him- 
self deserved ;  it  incautiously  alleges,  that,  during 
Mr.  Clarke's  time,  the  peace  of  t^e  colony  was  undis- 
turbed, no  discord  between  the  uranches  of  the  Le- 
gislature, no  accusations  of  the  Assembly's  assuming 
the  executive  or  trampling  upon  the  prerogative ;  that 
there  were  no  animosities  in  the  first  three  years  of 
Mr.  Clinton's  administration,  though  the  public  mea- 
sures were  then  what  they  had  been  since.  They 
then  oflfer  to  prove — that  Mr.  Clinton  was  interested 
in  privateers,  and  hired  out  the  cannon  given  by  the 
King  for  the  use  of  the  colony ;  that  Saratoga  was 
lost  by  his  withdrawing  the  troops  to  gain  benefits  by 
his  independent  company,  and  to  the  loss  of  the  lives 
of  many  others  of  the  King's  subjects;  that  he  was 
the  cause  of  the  Indian  disafiection,  by  embezzling  a 
great  proportion  of  the  presents  raised  to  secure  their 
friendship;  that  he  demanded  subsistence  and  pro- 
visions for  two  Indian  companies,  under  Colonels  and 
other  officers  of  his  appointnig,  when  no  such  compa- 
nies ever  really  existed ;  that  he  granted  extravagant 
tracts  of  land,  and  exacted  twelve  pounds  ten  shil- 
lings for  every  thousand  acres,  in  the  remote  parts  of 


[Chap.  IV. 

liereby  recommend 
favor." 

ion  to  the  King  of 
less  imputations  of 
iously  "  reported  to 
lestitute  of  justice, 
sent  us  in  a  light  ?o 
5  with  warm  profes- 
idly  affirming,  "  that 
my  who  would  not 
,  and  all  that  is  dear 
on,  family,  and  go- 
to the  Plantation  of- 
)on  the  late  Gover- 
ded  as  to  reproach 
itation  to  the  King, 
hey  assert,  that  they 
I  of  Mr.  Clinton,  who 
pe  the  censure  him- 
lUeges,  that,  during 
\e  colony  was  undis- 
jranches  of  the  Le- 
Usembly's  assuming 
he  prerogative ;  that 
}  first  three  ^ears  of 
ugh  the  public  mea- 
been  since.    They 
inton  was  interested 
cannon  given  by  the 
;  that  Saratoga  was 
)S  to  gain  benefits  by 
0  the  loss  of  the  lives 
ibjects ;  that  he  was 
ion,  by  embezzling  a 
raised  to  secure  their 
subsistence  and  pro- 
3,  under  Colonels  and 
vhen  no  such  compa- 
j  granted  extravagant 
elve  pounds  ten  shil- 
in  the  remote  partg  of 


1753.] 


167 


the  colony,  "  besides  reserving  considerable  shares 
in  the  grants  to  himself,  by  inserting  fictitious  names," 
(o  the  discouragement  of  settlements,  and  the  weak- 
ening of  the  northern  frontiers,  expensively  and  diffi- 
cultly defended ;  that  he  obstructed  the  course  of 
justice,  by  letters  to  the  Judges  and  other  officers  of 
Dutchess  county  to  delay  proceedings,  and  to  the 
Sheriff  not  to  execute  process  in  causes  merely  civil, 
and  by  secreting  an  information  filed  by  tac  Attorney 
General  against  a  person  presented  by  the  Grand 
Jury  for  perjury,  and  afterwards  making  that  very 
man  an  Assistant  Judge  of  the  Court  of  Common 
Pleas,  and  a  Colonel  of  the  militia  of  Westchester 
county,  though  informed  by  a  member  of  the  Legis- 
lature ;  that  he  openly  sold  offices,  civil  and  military, 
and  the  reversions  of  some ;  that  he  made  frequent, 
long,  and  causeless  prorogations,  and  suffered  the 
duties  for  the  support  of  government  to  expire;  that 
he  '•'' commissionated^^  ignorant  and  illiterate  officers, 
some  not  able  to  write  their  names,  and  one  to  a  Co- 
lonelcy in  a  northern  county,  suspected  of  being  at- 
tached to  the  French  interest  during  the  war,  and 
misrepresented  the  dispute  to  their  Lordships,  touch- 
ing the  limits  of  this  and  the  province  of  New-Jersey ; 
and  these  they  assert  to  be  the  true  grounds  of  the 
dissatisfaction  during  his  administration.  They  al- 
leged, that  the  charge  of  assuming  the  direction  of 
the  militia  is  absolutely  false,  and  that  for  several  of 
his  last  years,  he  never  mentioned  ihe  militia  to  the 
Assembly. 

On  the  great  subject  of  the  mode  of  support  bills, 
the  reader  shall  have  their  own  words.  "  We  further 
beg  leave  to  assure  your  Lordships,  that  as  it  is  our 
duty  and  interest,  so  it  is  our  hearty  inclination,  to 
do  every  thing  we  can  conceive  that  may  contribute 
to  his  Majesty's  service  and  the  good  of  this  colony, 
which  we  look  upon  as  inseparably  connected ;  and 
therefore  should  have  raised  a  provision  for  the  sup- 
port of  government,  in  the  manner  signified  by  that 
instruction,  but  that  the  raising  a  support  of  many 
years  has,  by  long  experience,  been  found  to  be  much 


16U 


[Chap.  IV. 


more  hurtlul  to  his  Majesty's  interest,  by  giving  per- 
petual occasion  for  disputes  and  contentions  between 
Governors  and  Assemblies,  than  the  method  pursued 
for  these  sixteen  or  seventeen  years  last  past.  Had 
we  indeed  the  happiness  to  be  under  his  Majesty's 
care  and  inspection,  we  should  think  it  our  duty  to 
to  raise  a  support  in  the  manner  insisted  upon  in  that 
instruction.  But,  unhappily  for  us,  that  is  not  our 
good  fortune :  we  are  under  Governors,  appointed  by 
his  Majesty,  at  a  great  distance  from  him  and  his  im- 
mediate inspection,  and  who,  as  your  Lordships  must 
be  acquainted,  having  no  inheritance  in  the  province, 
very  often  consider  the  government  as  a  post  of 
profit,  which  they  hold  by  an  uncertain  tenure ;  and 
therefore,  as  it  regards  not  them  In  what  condition 
they  leave  the  province  upon  their  removal,  instead 
of  applying  the  monies  raised  for  the  necessities  of 
government  to  the  uses  they  were  designed,  have 
only  been  anxious  to  invent  ways  and  means  to  con- 
vert as  much  as  possible  to  their  own  private  use  and 
benefit.  That  this  has  been  the  case  of  most  Gover- 
nors here,  the  Assemblies  of  this  province  have,  by 
the  many  contentions  which  have  subsisted  on  this 
head,  been  but  too  sensible  of,  to  the  great  and  ma- 
nifest detriment  of  his  Majesty's  service,  and  the  good 
of  this  province ;  which  sufficiently  convinces  us,  that 
it  is  not  for  the  interest  of  his  Majesty  and  for  the 
public  good  of  this  colony,  to  raise  a  support  in  any 
other  manner  than  has  been  done  for  sixteen  or  se- 
venteen years  past,  whatever  it  may  be  for  the  pri- 
vate interest  of  a  Governor." 

They  then  accuse  Mr.  Clinton,  and  probably  with 
the  agent's*  hint  of  inattention  to  the  Indians,  who 


*  In  his  letter  of  ttie  6tli  September,  1753,  there  is  this  clause  :  "  I  can- 
not avoid  acquainting  you  with  the  concern  it  gave  me  to  read,  at  tlie 
Board  of  Trade,  the  minutes  of  a  late  conference  at  New  York  with  se- 
venteen Mohawk  Indians,  who  went  away  not  only  expressing  their  dissa- 
tisfaction, but  resentment.  As  their  errai  d  appears  to  me  to  have  been 
principally  about  land,  1  am  in  hopes  they  had  no  authority  to  speak  on 
public  subjects,  such  as  the  halcliet  and  rod,  and  that  they  will  be  disco- 
vered therein  by  the  Six  Nations.  I  shall  he  anxious  to  know  the  success 
of  the  Commissioners  deputed  to  treat  with  them,  being  very  sensible  of 
the  critical  posture  of  affairs  with  respect  to  the  IndiaoB  and  others." 


[Chap.  IV. 

st,  by  giving  per- 
ilciitioiis  between 
J  method  pursued 
)  last  past.  Had 
der  his  Majesty's 
nk  it  our  duty  to 
sted  upon  in  that 
,  that  is  not  our 
ors,  appointed  by 
n  him  and  his  im- 
ir  Lordships  must 
e  in  the  province, 
3nt  as  a  post  of 
'tain  tenure;  and 
in  what  condition 
removal,  instead 
the  necessities  of 
3  designed,  have 
ind  means  to  con- 
rn  private  use  and 
se  of  most  Gover- 
)rovince  have,  by 
subsisted  on  this 
he  great  and  ma- 
k'ice,  and  the  good 
convinces  us,  that 
ijesty  and  for  the 
!  a  support  in  any 
for  sixteen  or  se- 
ly  be  for  the  pri- 

md  probably  with 
the  Indians,  who 


e  is  this  clause  :  "  I  can- 
i^ave  me  to  read,  at  tlie 
ce  at  New -York  with  se- 
ly  expressing  their  dissa- 
lears  to  me  to  have  been 
no  authority  to  speak  on 
that  they  will  be  disco- 
cious  to  know  the  success 
m,  being  very  sensible  of 
[ndians  and  others." 


1753.] 


169 


were  at  New-York  in  June  last,  while  the  Assembly 
were  sitting  at  Jamaica ;  and  add,  what  does  not  ap- 
pear in  the  journal,  that  the  speaker,  by  letter  to  Mr. 
Clinton  on  the  order  of  the  House,  besought  him  to 
promise  them  a  meeting  at  Albany,  a  distribution  of 
presents,  and  a  redress  of  grievances ;  that  he  would 
make  Hendrick,  the  chief  sachem  of  the  Mohawks,  a 
present,  and  that  the  House  would  provide  for  these 
expenses  ancf  the  maintenance  of  those  Indians  ;  that 
the  Governor,  nevertheless,  dismissed  them  without 
any  thing;  and  they  were  on  the  way  on  foot,  with  their 
baggage  on  their  backs,  when  met  by  a  gentleman 
from  Albany,  who,  out  of  his  own  pocket,  provided 
them  a  passage  by  water,  and  the  House  had  reim- 
bursed him,  with  thanks :  and  this  they  urged  as  a 
proof  both  of  his  neglect  and  contempt  of  the  Indians, 
As  a  vindication  of  themselves  from  the  chaige  of 
remissness  respecting  Indian  and  other  affairs,  thev 
add,  that  they  had  subjected  the  colonv  to  a  tax  of 
above  eighty-one  thousand  pounds,  without  deriving, 
as  some  other  colonies  had,  any  recompense  from  the 
Crown.  The  whole  concludes  with  their  favorite  ex- 
pression of  a  readiness  "4o  hazard  their  lives,  for- 
tunes, and  all  that  is  dear  to  them,  against  all  the 
King's  enemies  whatsoever." 

The  transmission  of  the  address  to  the  King  was 
entrusted  to  the  Lieui.enant  Governor,  and  a  copv, 
with  the  impeachment,  enclosed  by  the  speaker  to 
Mr.  Charles,  on  the  13th  of  December,  the  day  after 
the  session,  in  a  letter  containing  the  follow! 4  pas 
sages: — 

«  As  I  hinted  before,  no  bill  for  the  applicatior  of 
money  has  passed  either  the  Council  or  Governor, 
and  I  apprehend  that  none  will  pass,  until  the-  e  02  a 
countermand  of  orders  from  your  side  of  the  water. 
We  have,  however,  contrived  to  procure  a  remittance 
for  you  of  two  hundred  pounds  sterling,  which  we 
hope  will  discharge  your  engagements.  As  to  the 
Jersey  affair,  we  think  it  his  Majesty's  right  to  ascer- 
tain the  limits  of  his  colonies;  and  if  the  stations  be 
once  settled  with  you,  we  shall  soon  agree  about  run- 

22 


[Chap.lV. 

ning  the  lines.    We  expect  it  will  not  be  long  before 
the  colonies  of  Massachusetts  Bay  and  New-Hamp- 
shire  will  come  upon  the  stage  in  the  same  respect, 
Itscenjs  highly  necessary  that  his  Majesty  should  as- 
certain  the  boundaries  of  all  his  colonies,  to  prevent 
disputes  among  his  subjects  here,  for  we  apprehend 
they  will  never  agree  among  themselves."     Again : 
«  That  party  spirit  which  appeared  among  us  during 
Mr.  Clinton's  administration,  seems  to  be  vanished, 
and  there  appears  a  great  inclination  to  unanimity 
among  all  the  branches  of  the  Legislature.  You  have 
herewith,  the  remaining  parts  of  the  minutes  ot  our 
House  in  this  present  session,  and  the  whole  ot  last 
session.     You  have  also  herewith  a  representation 
from  us,  to  be  laid  before  the  Lords  Commissioners 
^ntations.  Your  own  discretion  will 


lor 


i  raue  and  '^'' 


indicate  to  vou  how  you  are  to  manage  the  atlairs. 
We  expect^o  hear  from  you  as  quick  as  possible. 
Take  particular  notice  of  our  address  in  our  session 
at  Jamaica,  on  Nassau  Island,  where  we  press  Mr. 
Clinton  to  meet  the  Indians  at  Albany."    By  one  ot 
the  acts  of  this  session,  the  importation  and  passmg 
of  counterf^^it  British  halfpence,  and  the  very  pos- 
sessing them,  was  prohibited,  under  severe  penalties  ; 
power  given  to  search  for  them;  and  all  disputes 
respecting  them  trusted,  under  forty  shillings,  to  the 
summary  hearing  and  description  of  one  magistrate, 
and  above  that  sum,  to  him  and  two  freeholders  ot 
liis  choice.    There  was  at  this  time  an  inundation  ot 
copper  money,  but  it  was  not  thought  safe  and  expe- 
dient to  veniu.  V  a  law  against  any  but  the  adulteia 
ted  coin.    To  bring  it,  however,  into  discredit,  with- 
out giving  umbrage  to  Great  Britain,  the  House  re- 
solved, on  the  last  day  jof  this  session,  that  they 
would  proceed  at  their  next  to  ascertain  the  value  ot 
halfpence  and  farthings.   The  merchants  m  the  con- 
federacy immediately  gave  their  vote  its  effect,  by 
subscribing  an  agreement  not  to  receive  or  pay  this 
species  of  money,  but  at  fourteen  coppers  haltpence 
to  the  shilling ;  and  the  practice  prevailed  univer- 
sally, after  one  inconsiderable  nut  by  the  mob,  m 


.,  i..~^.ti* 


[Chap.  IV. 

>t  be  long  before 
and  New-Hamp- 
hc  same  respect. 
ajesly  should  as- 
onies,  to  prevent 
3r  we  apprehend 
selves."     Again : 
among  us  during 
I  to  be  vanished, 
ion  to  unanimity 
ilature.  You  have 
e  minutes  of  our 
the  whole  of  last 
a  representation 
Is  Commissioners 
ivn  discretion  will 
anage  the  affairs, 
[uick  as  possible. 
■ess  in  our  session 
ere  we  press  Mr. 
)any."    By  one  of 
lation  and  passing 
ind  the  very  pos- 
■  severe  penalties ; 
and  all  disputes 
ty  shillings,  to  the 
of  one  magistrate, 
two  freeholders  of 
e  an  inundation  of 
ight  safe  and  expe- 
but  the  adulteia 
ito  discredit,  with- 
ain,  the  House  re- 
session,  that  they 
;ertain  the  value  of 
rchants  in  the  con- 
vote  its  effect,  by 
receive  or  pay  this 
coppers  halfpence 
prevailed  univer- 
ot  by  the  mob,  in 


1754.] 


m 


which  the  Lieutenant  Governor  assisted  the  magis- 
trates in  apprehending  the  chief  rioters,  who  were 
punished  for  the  ineffectual  tumult  they  had  raised 
in  the  capital.  The  policy  of  multiplying  such  sum- 
mary tribunals,  was  questioned  by  the  zealous  advo- 
votes  of  the  old  trial  by  jury;  and  there  were  some 
who  animadverted  upon  the  Lieutenant  Governor's 
agency  respecting  this  species  of  coin,  as  what  would 
in  Mr.  Clinton  have  been  represented  worthy  of  re- 
prehension from  the  Crown.* 

In  the  month  of  March  IT.'il,  nearly  six  hundred 
pounds  were  raised,  towards  promoting  a  spirit  of  in-^ 
quiry  among  the  people  by  a  loan  of  the  books  to 
non-subscribers.  The  project  was  started  at  an 
evening  convention  of  a  few  private  friends :  Messrs. 
Philip  Livfngston,  William  Alexander  (afterwards 
known  by  the  title  of  the  Earl  of  Stirling),  Robert  Jl. 
Livingston,  William  Livingston,  John  Morin  Scott, 
and  one  other  person.  To  engage  all  parties  in  the 
subscription,  it  was  carried  first  to  the  Lieutenant 
Governor  and  the  Council.  The  Trustees  of  the  in- 
stitution were  annually  eligible  by  the  subscribers, 
and  had  the  disposition  of  the  contribution,  with  the 
appointment  of  the  Librarian  and  Clerk.  Every  pro- 
prietor was  to  pay  the  yearly  sum  of  ten  shillings; 
and  thus  a  foundation  was  laid  for  an  institution  orna- 
mental to  the  metropolis,  and  of  utility  to  the  whole 
colony ;  for  the  remote  object  of  the  projectors  was 
an  incorporation  by  royal  charter,  and  the  erection 
}o(  an  edifice,  at  some  future  day,  for  a  Museum  and 
Observatory,  ns  well  as  a  Library.  Hitherto  it  con- 
sisted of  vaiuable  books  in  our  own  language  only, 
.which  were  deposited  in  the  Town  Hall,  under  the 
care  of  a  Librarian.  The  number,  by  the  annual 
subscriptions,  is  at  present  considerably  increased  ; 


.„..       — ..       |.-l,^*>.F. 


I 


*  It  was  not  till  this  day  (12th  December)  that  mortgages  were  subject- 
ed to  a  public  registry  for  the  prevention  of  frauds ;  but  the  act  now  passed, 
though  a  useful  one,  did  not  reach  all  the  mischiefs  intended  to  be  prevent, 
ed.  In  disputes  cpncerniog  their  property,  the Jintt  registered  is  to  bo  the 
Jint  paid. 


172 


[Chap.  IV. 


4)ut  Governor  Tryon  lately  gave  the  Trustees  a  char- 
ter, which  it  wanted,  to  invite  to  the  donations  neces- 
sary to  accomplish  the  liberal  aim  of  the  promoters 
of  the  subscription,  who  found  some  obstacles  at  first 
from  the  low  state  of  science,  and  the  narrow  views 
and  jealousies  of  sectarian  zeal. 

About  this  time,  the  continent  was  alarmed  by  the 
attempts  of  the  French  to  erect  forts  on  the  Ohio. 
Virginia,  as  most  immediately  concerned,  took  the 
first  measures  for  defence.  Mr.  Dinwiddie,  their  Go- 
vernor, resolved  to  fortify  the  pass  of  Monongahela, 
and  called  upon  the  sister  colonies  for  aid.  Circular 
letters  arrived  soon  after  from  the  Ministry,  requir- 
ing a  Congress  at  Albany,  for  treating  with  our  Indian 
allies,  and  concerting  a  united  plan  to  defeat  the 
French  aim  of  engrossing  the  interior  couiury,  and, 
by.  a  chain  of  forta,  to  restrict  the  British  settlements 
to  the  sea-coasts,  or  at  some  distant  day,  to  acquire 
the  exclusive  dominion  of  the  continent.  A  design 
this  of  vast  magnitudo,  but  not  difilcult  to  accomplish, 
if  France  had  at  that  day  the  sagacity  to  have  pre- 
ceded her  fortifications  by  the  less  suspicious  trans- 
portation of  a  few  thousand  emigrants  from  her 
populous  dominions  in  Europe,  to  the  rich  and  fertile 
banks  of  the  lakes  and  rivers,  of  which,  to  our  shame 
be  it  remembered,  we  had  no  knowledge,  except  by 
the  books  and  maps  of -her  missionaries  and  geo- 
graphers. • 

T' ese  events  had  no  ill  aspect  upon  the  resistance 
of  th»  /  -'imbly  to  the  scheme  of  an  indefinite  sup- 
port ;  and  yet  they  met  on  the  9th  of  April,  1754,  in 
ill  temper,  because  they  had  no  advices  to  flatter 
them  with  the  hope  of  gratifying  their  revenge  upon 
the  late  Governor ;  and  while  some  conceived  that 
manifestn^ions  of  liberality  and  zeal,  others  were  of 
opinion  'at  teLiiness  and  parsimony,  would  be  most 
likely  to  procure  the  wipf  ed-for  success. 

The  ]  S8;ulenant  Governor  very  naturally  adopted 
the  sentiments  of  the  first  class,  and  bore  with  some 
impatience  the  contradictions  of  the  other,  which 
wap  inauspicious  to  that  favor  which  he  meant  to 


•■^■Wipnii.111 


[Chap.  IV. 

Prustees  a  char- 
lonations  neces- 
f  the  promoters 
obstacles  at  first 
;ie  narrow  views 

alarmed  by  the 
rts  on  the  Ohio. 
:crned,  took  the 
viddie,  their  Go- 
>f  Monongahela, 
for  aid.  Circular 
Ministry,  requir- 
^  with  our  Indian 
in  to  defeat  the 
or  couiiiry,  and, 
'itish  settlements 

day,  to  acquire 
inenl.  A  design 
lit  to  accomplish, 
city  to  have  pre- 
suspicious  trans- 
grants  from  her 
e  rich  and  fertile 
ich,  to  our  shame 
ledge,  except  by 
)naries  and  geo- 

lon  the  resistance 
in  indefinite  sup- 
)f  April,  1754,  hi 
idvices  to  flatter 
eir  revenge  upon 
e  conceived  that 
,1,  others  were  of 
y,  would  be  most 
:cess. 

laturally  adopted 
3  bore  with  some 
the  other,  which 
lich  he  meant  to 


ilM.] 


ITS 


cultivate  with  his  superiors,  and  render  consistent,  if 
possible,  with  his  popular  dominion. 

The  speech  apprised  them  of  the  French  designs ; 
of  the  spirit  of  V  irgifiria ;  of  her  request  for  aid  in  the 
common  cause ;  of  the  royal  expectation,  signified  by 
the  Earl  of  Holdernesse ;  and  demanded  not  only 
supplies  for  transporting  two  of  the  independent  com- 
panies to  Virgfeaia,  fortifying  the  frontiers,  strengthen- 
ing Oswego,  and  treating  with  the  six  cantons,  but 
that  they  should  take  a  part  in  every  expense  condu- 
cive to  the  public  utility. 

The  Assembly  admitted  that  the  defence  was  a 
common  concern ;  applauded  the  vigor  of  Virginia 
—but  complained  of  the  desolations  of  the  last  war, 
and  the  expenditure  of  eighty  thousand  pounds,  for  a 
part  of  which  they  were  still  in  debt  and  under  taxes, 
and  of  the  burthen  of  erecting  and  supporting  their 
own  fortifications  in  New- York,  Albany,  Fort  Hunter, 
Schenectady,  and  Oswego;  reminded  him  of  their 
vote  of  credit  at  the  last  session,  for  one  thousand  ' 
pounds  to  our  own  Indians,  and  his  expenses  at  the 
intended  treaty ;  declared  that  they  are  able  only  to 
forward  the  two  regular  companies ;  and,  after  paint- 
ing the  designs  of  France  in  terms  adapted  to  raise 
the  popular  resentment,  they  conclude  with  ap|laud- 
ing  the  energy  and  success  of  his  half  year's  adminis- 
tration ;  for  which  he  thanked  them,  but  with  renew- 
ed importunities  for  the  supplies,  that  they  might  the 
more  effectually  recommend  the  colony  to  the  CroWn. 

They  then  voted  a  thousand  pounds  to  Virginia, 
four  hundred  and  fifty-six  pounds  for  an  additional 
garrison  at  Oswego,  and  allowed  for  Indian  presents 
and  the  expense  of  the  treaty,  eleven  hundred  and 
twenty  pounds :  they  engaged  to  reimburse  the  ne- 
cessary charge  of  repairing  Oswego,  and  to  bear 
their  part  in  the  erection  of  new  forts  on  the  frontiers 
for  the  common  defence.  But  when  Mte  reminded 
them  of  their  former  resolution,  to  repel  force  by 
force,  and  that  it  had  raised  the  expectations  of  the 
Crown,  they  evasively  resolved,  that  it  did  not  ap- 
pear clear  to  them  that  any  of  the  King's  colonies  were 


I 


174 


[Chap.  IV 


'¥ 


invaded;  whididrew  irom  the  Lieutenant  Governor 
a  message  to  inform  them,  that  the  French  forts  were 
erected  m  a  country  of  the  Eries,  a  nation  extirpated 
by  the  confederate  cantons,  who,  by  the  treaty  of 
Utrecht,  arc  to  be  considered  as  the  subjects  of  Great 
Britain;  and  he  ventured  a  conjecture  that  the 
French  forts  were  constructed  within  the  limits  of 
Pennsylvania.*  * 

They  could  not,  however,  be  induced  to  enlarge 
their  contribution  to  Virginia ;  and  had  already  sent 
up  the  bill  to  raise  the  sums  voted  for  supplies,  with- 
out any  regard  to  the  thirty-ninth  instruction.  The 
Council,  perceiving  that  the  sums  were  issuable  by 
the  Treasurer  upon  the  receipts,  and  not  by  warrants 
from  the  Lieutenant  Governor  with  their  consent, 
asked  a  conference,  to  which,  as  a  money  bill,  the 
Assembly  could  not  consent. 

In  this  exigency  Mr.  Delancey  passed  the  bills 
that  were  ready,  and  prorogued  the  Assembly  till  the 
tiext  day;  when,  after  artfully  informing  the  whole 
province  by  a  speech,  that  the  Council  had  rejected 
their  bill  because  they  thought  it  their  duty  to  insist 
on  a  conformity  with  the  royal  instructions,  he  de- 
clared his  hopes  that  they  would  make  the  neces- 
sary ^ovision  in  a  manner  that  might  lay  the  Coun- 
cil under  no  difficulty,  and  urged  both  unanimity  and 
despatch. 

To  this  they  answer  in  an  address,  asserting  that 
the  delay  was  not  chargeable  upon  them,  their  bill 
being  agreeably  "  to  a  method  loiig  pursued,  settled 
with,  and  solemnly  pgreed  to,  by  the  late  Governor 


*  Can  tb'  ve  be  a  clearer  proof  of  OMr  infancy  or  negligence,  than  to  find 
tUe  Legislature  at  a  loss  to  adjust  a  geographical  question  respecting  a 
country  so  near  our  old  maritime  settlements!  And  does  it  not  reflect 
disgrace  upon  the  whole  nation,  that  no  attempt  has  been  since  made  to 
explore  the  oxte^i^r  parts  of  the  continent,  at  the  public  expense  ?  We 
hare  added  nothing  to  the  French  discoveries  by  our  conquest  of  Canada ; 
though  it  would  have  become  so  opulent  a  people  to  have  penetrated  the 
wilderness  before  this  day,  not  only  to  determine  its  breadth  and  explore 
its  wealth,  but  open  new  objects  to  the  view  of  moral  as  well  as  natural 
philosophy.  This  has  since  been  done  by  Sir  Alexander  M%enzie,  from 
Canada,  and  by  Clarke  and  others,  by  the  authority  of  the  United  States, 


"WP" 


mni "» III, 


[Chap.  IV. 

tenant  Governor 
'rencli  forts  were 
nation  extirpated 
by  the  treaty  of 
subjects  of  Great 
ecture  that  the 
hin  the  limits  of 

luced  to  enlarge 
had  already  sent 
or  supplies,  with- 
nstruction.  The 
were  issuable  by 
1  not  by  warrants 
h  their  consent, 
1  money  bill,  the 

passed  the  bills 
Assembly  till  the 
rming  the  whole 
ncil  had  rejected 
leir  duty  to  insist 
itructions,  he  de- 
make  the  ne'ces- 
;ht  lay  the  Coun- 
)th  unanimity  and 

!ss,  asserting  that 
1  them,  their  bill 
T  pursued,  settled 
he  late  Governor 


r  Degligence,  than  to  find 
il  question  respecting  a 
And  does  it  nat  reflect 
has  been  since  made  to 
8  public  expense?  We 
our  conquest  of  Canada ; 
e  to  have  penetrated  the 
3  its  breadth  and  explore 
moral  as  well  as  natural 
ixander  M^Kenzie,  from 
•itv  of  the  United  States. 


1754.] 


175 


Clinton;"  but  promise,  on  "this  pressing  occasion, 
in  pure  regard  to  his  Majesty's  service  and  the  inter- 
est of  the  country,  to  endeavor  to  frame  a  bill  in  such 
a  manner  as  may  obviate  the  objections  lately  made." 

And  as  an  evidence  of  their  concord  with  the  Lieu- 
tenant Governor,  which  they  doubtless  wished  to 
have  known,  they  now  sent  him  a  previous  copy  of 
the  address,  for  he  gave  it  an  immediate  written  re- 
ply ;  and  proceeded,  before  the  renovation  of  the  bill 
of  supplies,  to  vote  the  articles  of  which  it  was  to 
consist,  but  left  out  the  aid  of  one  thousand  pounds 
to  Virginia. 

Thus  a  door  was  opened  for  other  messages  and 
addresses,  for  expressing  his  and  their  zeal  for  the 
King's  service ;  for,  on  the  4th  of  May,  he  animad- 
verted upon  the  resolves,  and  observed,  that  since 
they  had  lately  voted  the  one  thousand  pounds  as 
necessary,  the  omission  of  that  bounty  would  now  be 
disadvantageous  to  their  reputation :  and  after  hold- 
ing up  the  Council  once  more  to  the  public,  by  re- 
peating that  they  were  moved  by  their  attachment 
to  the  instruction  in  rejecting  the  late  bill,  he  be- 
seeches them  to  reflect  "  how  far  a  delay  or  disap- 
pointment of  this  service  may  be  chargeable  upon 
Ihem." 

The  address  of  the  same  day,  of  which  he  again 
had  a  copy,  now  roundly  asserts,  what  was  only  hint- 
ed at  before,  that  the  Council,  and  not  they,  are  an- 
swerable for  the  delay;  lamented  that  they  could 
not  gratify  their  inchnations  consistently  with  the  in- 
terests of  their  constituents;  denied  their  omission 
to  be  a  breach  of  their  engagement,  because  they  do 
not  estimate  their  contribution  to  Virginia  among  the 
promised  provisions,  conceiving,  as  they  do,  that  they 
are  not  indispensably  necessary :  they  sullenly  con- 
clude with  a  requeit  that  they  may  be  dismissed,  to 
go  home  to  their  families. 

The  Governor  had  now  an  opportunity  to  argue 
upon  the  extent  of  their  promise,  which  he  did  in  an- 
other message  of  the  same  afternoon,  and  with  some 
seeming  resentment,  and  a  menace  of  representing 


„^K— :— IpBi- 


Ti-i-i  II i.iiifc     II-  -...f  1^ 


.^ 


mmmmmmmmm^tm 


AMm 


176 


[Chap.  IV. 


s  ■ '  :' 


m 


their  conduct  to  the  King.  But  without  waiting  for 
the  effect,  as  if  it  was  calculated  more  to  recommend 
himself  to  the  King's  Ministers  than  to  persuade  them, 
who  wanted  some  excuse  to  the  people  for  comply- 
ing with  the  instructions  to  sii ve  him,  imi:«tdiately 
after  that  message,  he  passed  the  bills,*  and  broke  up 
the  session  by  a  prorogation  on  the  4th  of  May. 

One  design  o<  these  altercations  seems  to  have 
been,  to  give  the  [lieutenant  Governor  a  dominion 
over  the  Council,  the  majority  of  whoni  vvere  not  in 
the  interest  of  thaf  party  of  which  he  had  bo  long 
be  n  the  leader.  Before  the  conference  proposed 
on  the  bill  lost  by  the  prorogation,  the  Lieutenant 
Governor,  thinking  the  Council  might  be  influenced 
by  the  emergency,  came  in  amongst  them,  and  advis- 
ed their  vjelding  to  the  humor  of  the  Assembly.  One 
of  luem  shrewdly  asked  him,  "  what  then  will  become 
of  us  ?"  He  answered  with  a  smile,  "  I  will  suspend 
yoM,  according  to  the  instruction,  and  then  pass  the 
biil,  and  restore  you  to  your  places."  But  what  con- 
founded the  politician,  was  a  proposal  of  Mr.  Alex- 
ander ail  1  Mr.  Smith,  to  escape  the  dilemma  by  lend- 
ing the  money  ^\hich  the  bill  was  to  raise,  on  a  reli- 
tincr  upon  ^he  generosity  of  the  public.  He  left  them, 
soy  ir)g  tlui  fie  would  himself  make  the  loan,  if  he  did 
no'  ';uccee4  with  the  House.  This  prorogation  gave 
place  for  originating  a  second  bill,  which  passed  into 

a  5a'* . 

It  was  at  this  session  that  Mr.  Delancey  intimated 
liis  design  of  running  a  temporary  line  between  this 
and  the  province  of  New-Jersey,  asking  the  House  to 
defray  the  expenses  of  it :  nor  is  it  a  mean  proof  of 
his  influence,  that  he  in  the  same  message  requested 
a  further  sum  for  adjusting  the  partition  with  Massa- 
chusetts Bay — not  by  the  Commissioners  appointed 
by  the  late  act,  but  of  his  own  rfbminating,  with  the 
advice  of  the  Council,  who  were  to  meet  others  from 


*  One  under  the  title  f  f  '<  An  act  for  the  payment  of  several  suras  of 
money  for  the  use  and  v jcurity  of  this  colony ;"  and  another,  "  To  pre- 
vent nuisances  in  the  metropolis." 


■:*;; 


[Chap.  IV. 

tiiout  waiting  for 
•c  to  recuinmend 

0  persuade  them, 
ople  for  comply- 
lim,  im!r«L'cliately 
9,*  and  broke  up 
4thofMny. 

;  seems  to  have 
rnor  a  dominion 
honi  -vere  not  in 

he  had  so  long 
jrence  proposed 
,  the  Lieutenant 
lit  be  influenced 
them,  and  advis- 
?  Assembly.  One 
Lhen  will  become 

"  [  will  suspend 
nd  then  pass  the 
"  But  what  con- 
>bal  of  Mr.  Alex- 
lilemma  by  leud- 

1  raise,  on  a  reli- 
ic.  He  left  them, 
he  loan,  if  he  did 
prorogation  gave 
hich  passed  into 

lancey  intimated 
line  between  this 
ling  the  House  to 
a  mean  proof  of 
essage  requested 
ition  with  Massa- 
ioners  appointed 
linating,  with  the 
meet  others  from 


lent  of  several  suras  of 
and  another,  "  To  pre- 


"W" 


ii«wi|i  )  »<  .fi|y 


I'^f.  '..■■  -•*».ap^^p»^  mv^  *  ■'■■  i^i^ 


7T^ 


^wiiii  Wipi^i  v»  - 


1 


1754.] 


m 


the  Massachusettii  Bay  at  the  intended  Conjrcia  at 
Albany. 

Mr.  Charles  had,  on  the  4th  of  July  1753,  informed 
the  speaker  of  the  report  of  the  Board  of  Trade 
against  the  Jersey  act;  that  "their  Lordships  de- 
manded to  know  of  the  parties,  whether  they  had  any 
propof>als  to  offer  for  running  the  lines  and  ascertain- 
ing the  boundaries,  which  their  Lordships  said  was 
necessary  to  be  done,  for  the  peace*  and  quiet  of  both 
governments.    On  both  sides  it  is  otfl^red  to  join  in  a 
commission  from  thence  under  the  Great  Seal.  I  have 
requested  that  they  may  be  disinterested  persons  ta- 
ken from  the  neighboring  colonics ;  but  the  '<^ot 
for  the  Jersey  interest  thinks  thics  method  wi  ig 
on  a  heavy  expense.     The  matter  lies  over         lur- 
ther  consideration.    On  the  23d  of  the  same  month, 
the  agents  of  New-Jersey  waited  upon  the  Lords 
Commissioners  for  Trade  and  Plantations,  and  de- 
clared that,  as  Mr.  Morris,  to  whom  the  conduct  of 
the  act  for  running  fhe  division  line  was  committed, 
had  his  powers  only  from  the  proprietors  of  the  east* 
ern  division  of  Jersey,  he  could  not  take  upon  him- 
self to  join  in  a  commission  for  ascertaining  the  boun* 
daries  of  the  whole  province.     A  declaration  of  this 
kind  was  no  more  than  what  might  be  expected  from 
those  who,  having  missed  their  principal  aim,  woul4 
be  well  content  that  this  affair  should  sleep  possibly 
another  thirty-tour  years,  till  v'  ome  favorable  juncture 
should  offer  for  reviving  it.  But  I  hope  1  shall  be  ex- 
cused for  offering,  with  all  submission,  my  humble 
opinion,  that  now  is  the  time  for  pushing  those  pro* 
prietaries  in  their  turn." 

The  reader,  therefore  will  perceive,  that  the  Lieu- 
tenant Governor's  message  could  neither  disserve 
him  with  the  Ministry  nor  the  House ;  who,  on  the 
25th  o#  April,  agreed  with  him  in  the  expediency  of 
temporary  lines  both  with  our  eastern  and  western 
neighbors,  and  pledged  their  faith  for  their  propor- 
tion of  the  expense,  without  the  least  exception  to  hia 
change  of  the  Commissioners  in  the  ordinary  ei;er« 
cise  w  the  prerogative  of  the  Crown. 

23 


'•'-*-*■-■     ' 


■»-*P^^*Wi**^i«iW    ■    HWI 


170 


[Chap.  IV. 


fei 


I 


But  the  late  mock  quarrel  of  the  Lieutenant  Go- 
vernor ami  the  Assembly,  did  not  entirely  elude  the 
suspicion  that  the  latter  had  made  some  condescen- 
sions more  to  serve  him  than  the  colony :  and  whe- 
ther it  in  to  the  same  or  some  other  motive,  that  the 
agent's  letter  to  Mr.  Jonep,  of  the  30th  of  January, 
1754,  was  long  concealed  from  his  fellow-members 
and  the  public  eye,  is  'ell  to  the  reader's  conjecture. 
It  was  in  this  that  he  owned  the  receipt  of  their  me- 
morable impeachme  it  of  the  late  Governor,  and  ven- 
tured some  hints  uii'avorable  to  the  towering  hopes 
of  the  party  in  pr-wer.  "  I  have  delivered  in  (says 
he)  at  the  Board  of  Trade,  your  representation  touch- 
ing the  thirty-ninth  article  of  instructions  toSirDan- 
vers  Osborn,  and  am  very  apprehensive  that  that 
matter  will  take  up  a  loiig  consideration,  as  it  must 
come  before  the  King  in  Council,  where,  at  the  same 
time,  it  is  not  improbable  that  the  representation  of 
the  Board  of  Trade,  touching  the  state  of  your  colony, 
will  likewise  come  under  deliberation.  1  hope  time 
will  be  given  to  the  culony  to  answer  the  charge 
contained  in  the  preamble  of  that  instruction,  which, 
it  is  said  here,  can  be  supported  by  facts  taken  from 
the  public  t  ansa,  ens  of  the  General  Assembly.  I 
also  apprehi  th,  ihe  Board  of  Trade  will  acquaint 
Mr.  Clinton  ^vith  the  instances  of  his  mal-administra- 
tion  me r  med  in  that  representation,  and  that  your 
House  will  be  called  upon  to  prove  the  assertions 
they  have  made.  It  will  be  proper  to  have  the  proofs 
in  readiness."  He  wrote  a  confidential  letter  of  the 
same  date,  the  contents  of  which  can  only  be  guess- 
ed at  from  Mr.  Jones's  answers  of  the  1st  of  June; 
the  whole  of  which  is  herewith  transcribed.  "  In 
your  private  letter  of  the  30th  January,  you  inquire, 
'  In  case  we  should  be  called  upon  for  our  proofs 
agiiinst  Mr.  Clinton,  how  could  we  prove  that  two  In- 
dian companies  never  existed,  whose  muster-rolls 
were  sent  home  on  oath .?'  If  such  companies  ever 
existed,  it  was  certainly  with  uncommon  secrecy, 
since,  by  the  strictest  inquiry,  no  footsteps  of  any 
Buch  thing  has  hitherto  been  discovered.  We  should 


[Chap.  IV. 

le  Lieutenant  Go- 
entirely  elude  the 

some  condescen- 
colony :  and  whe- 
T  motive,  that  the 

30th  of  January, 
B  fellow-members 
ader's  conjecture, 
ceipt  of  their  me- 
iovernor,  and  ven- 
le  towering  hopes 
delivered  in  (says 
iresentation  touch- 
jctions  to  Sir  Dan- 
•hensive  that  that 
eration,  as  it  must 
vhere,  at  the  same 
)  representation  of 
tate  of  your  colony, 
tion.     1  hope  time 
nswer  the  charge 
instruction,  which, 
ly  facts  taken  from 
leral  Assembly.    I 
^'rade  will  acquaint 
tiis  mal-administra- 
lion,  and  that  jfour 
ove  the  assertions 

to  have  the  proofs 
iential  letter  of  the 
can  only  be  guess- 
)f  the  1st  of  June ; 

transcribed.  "  In 
nuary,  you  inquire, 
pon  for  our  proofs 
(  prove  that  "two  In- 
whose  muster-rolls 
ch  companies  ever 
incommon  secrecy, 
10  footsteps  of  any 
;overed.  We  should 


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1754.]     ;--  '■■;"';;.       ,;.  ._ 

be  glad  to  have  copies  of  these  muster-rolls,  if  possi- 
ble  to  be  obtained,  which  may  probably  leadC  to 
further  discoveries.     The  person  Mr.  Cliton  made 

WPI  "  f  w    PTJ"'-^  ^^^'"'*'  ^««  °ne  Israel  HoL.- 

was  made  acquainted  with  it  by  the  representatives 
of  that  county,  he  sent  to  the  ittorney*^ Genera  for 
the  mformation,  and  would  never  return  it  to  Wm 
again  I  am  perfectly  well  satisfied  with  the  relscn™ 
which  you  give  for  not  insisting  on  a  public  lirlrZ 
on  the  thirty-ninth  article  of  tie  instC  ion      a  I 

ed  no  General  Assembly  of  this  colony  wilKsent 
o  ,t  even  m  hat  shape.    I  hope  the  next  Governor 
U^^at  comes  (m  case  no  mitigation  be  made  before  > 
wll  bring  With  him  instructions  less  vigorous   and 
better  cafculated  for  the  interests  of  AmS  and  h^ 
own  ease  and  quiet."   Thus  for  the  fir^letter    Th« 
second,  of  the  same  date,  is  this .— «  When  I  w;nl . 
you  last,  the  House  was  fitting,  and  I  theS  al^w'' 
ed  you  that  you  might  soon  efpect  to  hear  fZLt 
The  session  is  now  ended,  and  by  our  votes  you  S" 
perceive  that  we  have  done  nothing  towardsTe  ex 
pedi  ion  to  Ohio,  though  we  had  t^at  affa  rmuch  S 

♦h.  r  ••  7°"  u  "  '^?^,  '^""^  ^^^  obstruction  aro^e  from 
the  thirty-ninth  art  c  e  of  his  Maiesiv's  iu^tr..!Z^    T 

the  late  Sir  Danvers  Osbor^ f^dlLM  rp^p^h'd'* 

will  always  be  the  case,  as  long  as  the  iSstruc^,"on 

continues  to  have  a  being.    You  doubtless  have  «T 

ready,  or  soon  will  hea?  from  PeZvlvania   whi" 

progress  the  French  have  made  on  thefe^feh 

not  only  makes  them  masters  of  all  the  fur  na  ions  of 

Indians,  but  intimidates  those  which  we  call  n.l« 

and  puts  it  into  their  power  at  any  tTmeTo  harass  Z' 

southern  colonies  fro^m  that  quaW,  as  th';  do  us 


"^^m—rrmiiv 


tyifmmfmrmr 


■i—jiiiiiimijmi 


V- 


»^<>  [Chap.rr. 

and  our  eastern  neighbors  from  Crov/n  Point ;  and 
unless  some  vigorous  resolution  be  taken,  I  fear  poor 
English  America  will  soon  fall  a  prey  to  the  bound- 
less ambition  of  France.  I  have  very  lately  received 
your  letters  of  the  30th  of  January,*  via  Philadelphia, 
and  shall  communicate  them  to  the  House  at  their 
next  meeting.  I  expect  you  will  hear  from  our  Lieut. 
Governor,  touching  the  Jersey  affair  of  the  line,  and 
also  from  the  Commissioners  appointed  tor  that  pur- 
pose, touching  Massachusetts  Bay,  &c.  I  have  wo- 
thing  further  to  add  at  present,  but  that  the  House 
•eems  to  be  entirely  well  satisfied  with  your  conduct, 
&c.  The  ensuing  summer  will  ever  be  remembered 
for  the  first  Congress  of  Deputies  from  sundry  of  the 
colonies,  for  their  common  defence.  Albany  was  the 
place  appointed,  and  the  time  the  14th  of  June." 

Mr.  Delancey,  as  the  only  Governor  who  attended, 
took  the  chair,  and  the  rank  of  the  gentlemen  who 
composed  that  assembly  being  adjusted,  they  sat  in 
the  following  order:— ^-on  the  right,  Mr.  Murray  and 
Colonel  Johnson,  two  of  the  Council  members  of  this 
colony;  then  the  commissioners  of  Massachusetts 
Bay,  Mr.  Wells,  Mr.  Hutchinson,  Colonel  Chandler, 
Colonel  Partridge,  and  Mr.  Worthington ;  Mr.  Wy- 
burn,  Mr.  Atkinson,  Mr.  Ware,  and  Mr.  Sherburn, 
from  New  Hampshire ;  and  from  Rhode  Island,  Mr. 
Hopkins  and  Mr.  Howard.  Opposite  to  these,  on  the 
Lieutenant  Governor's  left,  were  two  others  of  the 
New- York  Council,  Mr.  Chambers  and  Mr.  Smith ; 
then  the  Connecticut  delegates.  Lieutenant  Governor 
Pitkin,  Major  Wolcott,  and  Colonel  Williams;  for 
Pennsylvania,  Mr.  JohnPenn,  Mr.  Peters,  Mr.  Norris, 
and  Mr.  Franklin ;  and  Colonel  Tasher  and  Major 
Barnes,  for  Maryland. 


*  They  were  not  disclosed  to  the  House  till  the  16th  of  October,  1754, 
though  the  Assembly  sat  in  the  spring  till  the  4th  of  May,  and  again  from 
tile  20th  to  the  29th  of  August,  and  passed  a  law.  Nor  is  it  certain  that 
these  letters  were  produced  even  in  October,  the  entry  showing  that  the 
speaker  laid  bereral  letters  before  tlie  House  without  inentioninjr  their 


«tete«. 


|i»l.  IIIWHIII 


[Chap.  IV. 

Point;  and 
1, 1  fear  poor 
)  the  bound- 
ely  received 
Philadelphia, 
ouse  at  their 
►m  our  Lieut, 
the  line,  and 
for  that  pur- 
1  have  kvo- 
at  the  House 
rour  conduct, 
remembered 
sundry  of  th« 
bany  was  the 
of  June." 
vho  attended, 
entlemen  who 
(d,  they  sat  in 
r.  Murray  and 
embers  of  this 
klassachusetts 
nel  Chandler, 
ton ;  Mr.  W^y- 
At.  Sherburn, 
5  Island,  Mr. 
these,  on  the 
others  of  the 
Mr.  Smith ; 
it  Governor 
illiams ;   for 
•8,  Mr.  Norris, 
ir  and  Major 


IT«4.} 


181 


\  of  October,  1754, 
ay,  and  again  from 
Jor  is  it  certaia  that 
L-y  showing  that  the 
mentionin;  their 


Mr.  Delaneey,  on  the  29th,  opened  the  treaty  with 
the  Indians,  who  had  been  tardy  in  assembling,  by  a 
speech  preconcerted  by  the  commissioners,  and  the 
presents  were  disti'ibuted  in  the  name  of  all  the  colO" 
nies  represented  at  that  meeting. 

It  is  sufficient  to  observe,  on  the  whole,  that  the 
Indians,  when  dismissed  on  the  11th  of  July,  were,  or 
affected  to  be,  well  pleased,  and  engaged  their  co- 
operation against  the  designs  of  tfte  French ;  and 
yet.  one  of  these  woodland  Kings,  who  chalked  out 
a  sketch  of  the  interior  forests,  rivers,  and  lakes,  with 
a  clear  discernment  of  their  relations,  dropped  the 
jealous  but  judicious  observation,  that  Louisburgh 
was  one  key  of  the  inland  country,  ai»d  New- York 
another,  and  that  the  power  which  had  both,  would 
open  the  great  chest,  and  have  Indians  and  all. 

The  main  objects  of  the  commissioners  were,  a 
compact  for  the  united  exertions  of  all  the  colonies 
in  future,  and  a  representation  to  his  Majesty  for  the 
establishment  and  execution  of  the  plan. 

To  this  end  it  was  proposed,  that  one  general  go- 
vernment should  be  formed,  under  which  each  colo- 
ny  should  retain  its  present  constitution,  except  in 
Ae  subsequent  instances,  directing  a  change :  that 
the  general  government  be  adi^lnistered  by  the  Pre- 
sident General  appointed  and  supported  by  the 
Crown,  and  a  Grand  Council  elected  by  the  respec- 
tive colony  Assemblies :  that  when  an  act  of  Parlia- 
ment was  passed  for  these  purposes,  the  provinces 
should  choo£e  their  delegates,  to  form  the  Council,  ht 
the  following  proportions : 

Massachusetts  Bay  .  -  -  .  .  7 
New  Hampshire  -  -  -  ,  .  2 
Connecticut  -----     5 

Rhode  Island  2 

New-York  4 

New-Jersey  -----  3 
Pennsylvania  .....  6 
Maryland  .  ....  4 
Virginia  -  ....  7 
North  Carolina  ...  -  -  4 
South  Carolina  4—48 


r- 


'•«.«■ 


.mil;  .'■  '  I  '  -'I  'mmi 


182  [Chap.  IV. 

To  meet  first  at  Philadelphia,  on  the  call  of  the 
President  General,  as  soon  as  conveniently  may  be 
after  his  appointment :  that  the  Council  be  triennial, 
and  every  interim  vacancy,  by  death  or  resignation^ 
supplied  at  the  next  sitting  of  the  Assembly  of  the 
colony  he  represented :  that  after  the  first  three  years, 
the  number  of  delegates  to  be  regulated  by  their  con- 
tributions to  the  public  treasury,  yet  so  as  to  be  ne- 
ver less  than  t¥ro  to  a  colony,  nor  more  than  seven : 
that  the  conventions  of  the  Council  to  be  annual  or 
oftener,  on  their  own  adjournments,  or  the  call  of  the 
President  General,  upon  emei^encies,  with  the  writ- 
ten consent  of  seven,  with  due  previous  notice  to  all 
the  members :  that  they  choose  their  own  speaker, 
and  be  neither  dissolved,  prorogued,  nor  continued  to 
a  longer  session  than  six  weeks,  without  their  consent, 
or  the  special  command  of  the  Crown :  that  the  wa- 
ges of  the  Council,  be  each  ten  shillings  sterling  per 
day,  eundo,  mancudo  et  redeundo,  at  twenty  miles 
for  a  day's  journey :  that  the  assent  of  the  President 
General,  necessary  to  all  acts,  and  that  it  be  his  duty 
to  carry  them  into  execution :  that  he,  with  the  ad- 
vice of  the  Council,  hold  all  Indian  treaties,  affecting 
the  general  interest,  and  make  peace  or  war  with  the 
Indians ;  lawu  regulating  the  Indian  trade ;  all  pur- 
chases, from  them  for  the  Crown,  of  lands  not  now 
within  any  colony,  or  when  reduced  to  more  conve- 
nient dimensions :  that  they  grant  out  such  new  ac- 
quisitions, nomine  regis,  reserving  a  quit-rent  for  the 
general  treasury ;  raise  and  pay  soldiers ;  build  forts ; 
equip  vessels,  to  guard  the  coasts  on  this  side  of  the 
ocean,  lakes,  and  great  rivers ;  but  not  to  impress 
men  in  any  colony,  without  the  consent  of  its  own 
Legislature :  that,  for  these  purposes,  they  make  laws, 
lay  and  levy  general  duties,  imposts,  or  taxes,  equal 
and  just  considering  the  ability  and  other  circum- 
stances of  the  several  colonies,  and  such  as  may  be 
collected  with  the  least  inconvenience,  rather  dis- 
couraging luxury  then  loading  industry  with  unneces- 
sary burdens  :  that  they  may  appoint  a  general  Trea- 
surer, and  in  each  government  a  particular  one;  ^iid 


■^mwiw^B^r^i^w^i^ 


[Chap.  IV. 

call  of  the 
ntly  may  be 
be  triennial, 
resignation^ 
rably  of  the 
three  years, 
ay  their  con- 
as  to  be  ne- 
than  seven : 
)e  annual  or 
e  call  of  the 
nth  the  writ- 
notice  to  all 
»wn  speaker, 
continued  to 
;heir  consent, 
that  the  wa- 
9  sterling  per 
twenty  miles 
the  President 
it  be  his  duty 
with  the  ad- 
ties,  affecting 
war  with  the 
ide;  all  pur- 
inds  not  now 
more  conve- 
luch  new  ac- 
It-rent  for  the 
;  build  forts ; 
side  of  the 
it  to  impress 
it  of  its  own 
!y  make  laws, 
taxes,  equal 
ther  circum- 
jh  as  may  be 
,  rather  dis- 
ith  unneces- 
leneral  Trea- 
ar  one ;  911^ 


llD'k] 


133 


either  draw  for  all  sums  upon  the  general  treasury,  or 
upon  each  particular  treasury,  as  they  find  most  con- 
venient ;  yet  no  money  to  be  issued  but  by  joint  or- 
der of  the  President  General  and  Council,  except  on 
particular  appropriations  where  the  President  is  pre- 
viously empowered  by  an  act :  that  the  general  ac- 
count to  be  annually  settled  and  reported  to  every 
Assembly :  that  the  quorum,  to  act  with  the  Presi- 
dent, to  consist  of  twenty-five  members,  having  one 
or  more  from  a  majority  of  the  colonies :  that  their 
laws  not  to  be  repugnant,  but  as  near  as  may  be  agree- 
able to  the  laws  01  England,  and  be  transmitted  to 
the  King  in  Council  for  approbation ;  and,  if  not  dis- 
approved within  three  years  after  presentation,  to  re- 
main in  force  :  that  the  Speaker  of  the  Council,  on 
the  death  of  the  President,  officiate  in  his  stead,  un- 
til the  King^s  pleasure  be  known :  that  all  military 
commission  officers  for  the  land  or  sea  service,  under 
this  general  constitution,  be  nominated  by  the  Presi- 
dent, with  the  approbation  of  the  Council ;  and  all 
civil  officers  by  the  Council,  with  the  approbation  of 
the  President ;  but  a  vacancy  in  any  province,  in  a 
civil  or  military  office,  to  be  supplied  by  the  Gover- 
nor of  the  province  where  it  happened,  until  the 
pleasure  of  the  President  and  Council  can  be  known : 
that  the  military  and  civil  establishments  of  the  seve- 
ral colonies  remain  in  their  present  state,  this  gene- 
ral constitution  notwithstanding ;  and  that  on  sudden 
emergencies,  any  colony  may  defend  itself,  and  lay 
the  accounts  of  expenses  thence  arising  before  the 
President  General  and  Council,  who  are  to  allow 
and  pay  as  far  as  they  judge  just  and  reasonable. 

Except  Mr.  Delancey,  every  member  consented  to 
this  plan,  and  qualified  as  he  was  rather  for  short  al- 
tercation than  copious  debate,  he  made  no  great  op- 
position. Besides,  he  had  objections  not  to  be  start- 
ed before  auditors  of  too  much  sagacity  not  to  dis- 
cern the  motives  wb'^h  excited  them,  and  who  were 
too  unbiassed  to  suppress  any  disreputable  and  unpo- 
pular discoveries.  In  so  unusual  a  situation,  he  was 
conscious  of  an  awkward  inferioritv,  and  found  that 


Mpi- 


iiiMi,i  ,um»<iiiiiwiw 


184  [Chap.  IV. 

every  effort  to  resist  the  scheme  only  contributed  to 
forward  it,  for  his  exceptions  and  cavil  were  either 
obviated,  answered,  or  overruled.  But  a  single  mem- 
ber could  be  influenced,  and  be  was  not  able  to 
proselyte  any  body  else,  except  Mr.  Murray,  who 
had  great  merit  as  a  lawyer ;  but,  unless  a  question 
in  that  profession  arose,  he  was  either  mute  as  a  fish 
or  contused,  slow  and  superficial ;  a  man  of  pride 
without  ambition,  or  a  single  talent  for  intrigue— cold, 
distant,  formal,  and  disgusting. 

But  the  want  of  unanimity  was  of  no  other  conse- 
q|uence  than  the  impairing  of  IMr.  Delancey's  reputa- 
tion I  many,  judging  from  the  controversy  with  Mr. 
Clinton,  had  conceived  him  to  be  most  inclined  to  the 
popular  branch  of  the  constitution,  but  now  disco- 
vered that  he  had  his  eye  to  the  other  side  of  the 
water.  The  plan  adopted  would  be  neither,  as  he 
apprehended,  to  the  relish  either  of  the  nation  in 
general  or  to  the  servants  of  the  Crown.  They  as- 
cribed his  unnecessary  opposition  to  an  impatience 
for  distinction,  prompted  by  ambit' on,  which  threw 
him  off  his  guard.  Being  the  only  Governor,  amidst 
a  number  of  rival  demagogues,  his  situation  could  not 
but  be  disagreeable  to  him.  But  the  scheme,  when 
offered,  was  not  understood  as  approved  by  any 
other  Governor  on  the  continent.  Too  inconsidera- 
ble to  hope  for  so  illustrious  a  seat  as  the  President's, 
they  could  not  brook  the  exaltation  of  private  citi- 
zens to  stations  in  the  grand  Council,  inflating  their 
vanity,  and  enabling  them  not  only  to  traverse  their 
interests  at  court,  but  lessen  their  authority.  That 
a  scheme,  begot  in  the  frights  of  the  delegates  at  the 
repulse  of  the  Virginians  under  Colonel  Washington, 
on  the  id  of  July,  (the  news  of  which  came  to  Albany 
while  they  were  assembled,)  was  disrelished  by  some 
of  the  Colonels,  who  perused  the  proposal  with  leas 
discomposure,  gave  scope  to  their  jealousies,  and 
eyed  the  power  it  meant  to  establish,  with  horror; 
while  multitudes  of  individuals  jarred  in  their  sen- 
timents, as  they  were  more  or  less  attached  to 
monarchical  or  republican  principles ;  another  sort 


—     —    0t*mfw   ■" 


«l! 


[Chap.  IV. 

tributed  to 
iverc  either 
jingle  jnem- 
lot  able  to 
urray,  who 
)  a  question 
ute  as  a  fish 
an  of  pride 
rigue— cold, 

other  consc- 
cey's  reputa- 
rsy  with  Mr. 
iclined  to  the 
i  now  disco- 
;r  side  of  the 
either,  as  he 
Lhe  nation  in 
n.    Theyas- 
in  impatience 
1  which  threw 
emor,  amidst 
tion  could  not 
cheme,  when 
oved  by  any 
t  inconsidera- 
e  President's, 
f  private  citi- 
inflating  their 
traverse  theit 
ority.    That 
pgates  at  the 
.  Washington, 
me  to  Albany 
hed  by  some 
,9al  with  less 
ilousies,  and 
with  horror; 
in  their  sen- 
attached  to 
another  sort 


175-1.] 


i8$ 


Jncronsing  the  disronl,  by  their  scoffs  at  a  model  so 
dissimilar  to  the  British  constitution,  which  theory, 
experience,  and  habit  had  taught  them  to  admire  as 
the  most  perfect  of  all  human  inventions :  in  a  word, 
their  dread  of  the  French  excited  the  people  only  to 
speculate ;  it  lid  not  rise  high  enough  to  curb  a  di- 
versity of  sentiment ;  and  if  it  had,  that  very  unanim- 
jly  here  would  have  furnished  an  arguntcnt  on  the 
other  side  of  the  Atlantic,  to  blast  a  design  consider- 
ed by  administration  as  accelerating  an  event  dan' 
gerous  to  the  union  and  stability  of  the  empire.* 

It  was  in  this  month  also,  that  a  conference  was 
held  between  Mr.  Murray,  Mr.  Smith,  Mr.  Benjamin 
Nicoll,  and  Mr.  William  Livingston,  under  a  commis- 
sion from  this  colony,  with  the  aforenamed  Commis- 
sioners of  Massachusetts  Bay,  concerning  the  line  of 
partition  between  the  two  provinces :  but  the  result 
was  little  more  than  a  discovery  of  the  proofs  on 
which  they  respectively  relied;  a  handle  for  fresh 
encroachments  from  Massachusetts  Bay,  and  mutual 
complaints  to  the  Crown.  Massachusetts  certainly 
meant  nothing,  for  she  gave  powers  to  settle  a  final 
line,  though  pre-admonished  that  our  Commissioners 
were  to  come  only  with  authority  to  conclude  a  tem- 
porary boundary.  They  boasted  of  their  prior  pos- 
sessions, asserted  them  to  be  ancient,  and  offered  to 
be  restricted  by  the  distance  of  sixteen  miles  from 
Hudson's  River. 


*  The  plan  was  drafted  in  a  committee  coosisting^  of  one  Commissioner 
Trom  each  colony.  Mr.  Smith  reprecented  New- York.  The  main  object 
iras  to  reduce  the  colonies  to  one  head  and  one  pulse.  The  eastern  colo- 
nies were  most  ardent  for  the  union,  excepting  Connecticut,  who  was  too 
jealous  of  the  power  of  the  President.  Each  colony  took  a  copy,  under  a 
promise  to  exert  their  influence  upon  their  constituents  for  its  establish- 
ment by  sm  act  of  Parliament.  The  report  gave  rise  to  many  debates,  and 
especially  respe'jting  the  funds  for  supporting  this  new  government.  A 
riiity  on  spirits,  and  a  general  stamp  duty,  were  contended  for ;  but  it  was 
fiually  agreed  to  cast  the  President  on  the  Crown,  and  the  Council  on  the 
colonies,  with  a  trifling  allowance,  that  none  but  men  of  fortune  might  as- 
pire to  that  station.  To  repress  Mr.  Smith's  earnestness  for  the  scheme, 
the  Lieutenant  Governor  hinted  to  him,  that  Massachusetts  acted  with  an 
a>in  to  procure  the  President's  chair  for  tlieir  Governor,  and  predicted,  as 
he  well  might,  that  it  would  not  be  much  encouraged  by  New- York. 

24 


i.aigwwiw  II  I     mpiy<wiiw<p»ii^ipi— 


*  ^\mmmimm» 


J 80  [Chap.  IV. 

Desirous,  as  soon  as  possible,  to  meet  tlie  Assem- 
bly, anil,  besides  his  other  designs,  to  make  suitable 
impressions  respecting  the  transactions  of  the  Con- 
gress, the  Lieutenant  Governor  began  a  session  on 
the  2()th  of  August;  when  he  mentioned  the  defeat 
of  Colonel  Washington  on  the  east  side  of  the  Ohio, 
as  within  the  undoubted  limits  of  his  Majesty's  do- 
minions, and  exacted  their  promised  aid  to  Virginia, 
and  preparation  for  the  defence  of  this  colony ;  the 
erectioii  of  a  fort  in  the  Seneca's  country,  on  the  tract 
purcliased  by  Mr.  Clarke  ;  the  prohibiting  of  rum  to 
the  Indians;  a  more  extensive  militia  act;  and  laid 
before  them  the  Commissioners'  plan,  after  a  sugges- 
tion, that  from  a  persuasion  that  the  Assemblies  were 
not  disposed  to  join  in  vigorous  measures,  the  Com- 
missioners would  not  consider  his  proposal  of  erect- 
in*'  forts  on  the  frontiers,  but  preferred  an  application 
to^  Parliament  for  establishing  their  scheme  for  a 

union. 

A  contribution  to  the  defence  of  Virginia  and  Penn- 
sylvania, was  expedient  to  humor  the  Ministry;  and 
to  do  it  with  reluctance,  raised  the   credit  of  the 
Lieutenant  Governor,  gratified  the  parsimonious  spi- 
rit of  the  people,  and  prevented  suspicions  of  a  sacri- 
fice of  the  colony  to  the  interests  of  the  predomi- 
nant party.  The  House,  therefore,  presented  an  artful 
address  of  a  controversial  complexion,  quoting  pas- 
sages from  the  Lieutenant  Governor's  speech,  to  re- 
fute his  demands,  and  justify  their  refusal  of  any 
donations.     They  confessed  that  the  colonies  were 
reciprocally  bound  to  a  common  defence;  but  they 
add,  there  may  be  instances  of  colonies  already  so 
distressed  as  to  want  aid,  which,  therefore,  are  not 
bound  to  afford  help.  To  apply  this,  they  paint  their 
own  exposed  situation  in  his  own  language,  and  ask 
him  whether  Virginia  and  Pennsylvania  have  built 
forts  and  fortifications,  and  whether  they  are  daily 
called  upon  for  the  reparation  and  support  of  them. 

They  then  promised  to  g've  something,  but  after- 
wards lament  that  they  had  an  open  frontier.  The  late 
war,  in  which  they  had  expended  near  one  hundred 


■  I   null   ■" 


[Chap.  IV. 

L  the  Assem- 
lake  suitable 
,  of  the  Con- 
a  session  on 
;a  the  defeat 
of  the  Ohio, 
Majesty's  do- 
1  to  Virginia, 
s  colony ;  the 
y,  on  the  tract 
ting  of  rum  to 
act;  and  laid 
ifter  a  sugges- 
scmblies  were 
res,  the  Com- 
posal  of  ercct- 
an  application 
scheme  for  a 

finia  and  Penn- 
Ministry;  and 
credit  of  the 
rsimonious  spi- 
;ion8  of  a  sacri- 
f  the  predomi- 
iented  an  artful 
1,  quoting  pas- 
.  speech,  to  re- 
refusal  of  any 
colonies  were 
nee ;  but  they 
.ies  already  so 
refore,  are  not 
ihey  paint  their 
;nage,  and  ask 
!nia  have  built 
they  are  daily 
pport  of  them, 
hing,  but  after- 
bntier.  The  late 
^r  one  hundred 


1754.] 


J  87 


thousand  pounds,  was  a  melancholy  proof  of  it;  and 
how  to  find  a  cure  to  the  evil,  they  knew  not.  The 
other  colonics  derived  strength  from  their  settle- 
ments in  lownships,  and  close  order,  whilst  our  lands 
were  granted  away  in  patents,  almost  without  bounds 
or  number;  and  though  we  could  erect  forts  and 
block-houses,  they  would  serve  no  end — uncultivated 
tracts  being  not  the  objects  of  protection,  but  man's 
life  and  industry.  After  adding  their  testimony,  that 
he  had  been  faithful  to  his  trust  in  the  distribution  of 
the  Indian  presents,  they  beg  leave  to  return  to  their 
families,  and  promise  a  due  attention  to  every  matter 
he  had  recommended  in  the  autumn  of  the  ^ear. 

Would  any  man  without  doors,  and  not  m  the  se- 
cret, believe,  what  is  a  fact,  that  they  had  already 
that  very  morning  voted  a  gift  of  five  thousand  pounds 
to  their  fellow-subjects  in  Pennsylvania  and  Virginia.'' 
Mr.  Delancey  gave  them  more  than  thanks :  he  con- 
fesses the  truth  of  their  representations,  and  applaud- 
ing their  generosity,  declared  his  confidence  that 
they  would,  at  their  next  meeting,  raise  ample  sup- 
plies ;  and,  by  promising  to  promote  the  settlement 
of  townships,  converted  his  speech  into  a  proclama- 
tion, which  opened  a  wide  field  of  business  and  profit 
in  the  Land  Office ;  for  this  new  method,  more  con- 
sistent with  the  spirit  of  democracy  than  the  King's 
instructions,  drew  emigrants  from  the  crowded  colo- 
nies of  New  England ;  and  subsequent  Governors, 
interested  in  the  innovation,  have  followed  his  exam- 
ple, to  the  increase  of  our  inhabitants,  and  the  exten- 
sive diffusion  of  the  enterprising  spirit  and  principles 
of  those  eastern  republics. 

The  session  continued  until  the  act  for  issuing  the 
five  thousand  pounds  was  passed,*  and  a  vote  or  two 


*  We  assure  you  it  was  with  no  small  diflScuIty  that  ifieans  have  been 
found  for  giving  that  sum.  The  Legislature  find  themselves  so  embarrass- 
ed by  the  forms  of  the  instructions,  that  it  is  with  the  utmost  difficulty  any 
money  can  be  dis|?osed  of  for  the  public  service,  however  urgent  or  neces- 
sary. Mr.  Jones's  letter  to  the  agent,  29th  August,  1754,  was  perfectly 
silent  respecting  the  call  of  Congress,  as  Mr.  Delancey  had  predicted.  Mr. 
Smith  confined  at  home,  attending  the  death-bed  of  bis  wile,  and  Messrs. 


ii' 


vm^- 


*»8  [Chnp.IV. 

enlLTt'd,  to  btiinulate  iiiin  in  procuring  tompornry 
lilies  between  this  and  the  provineeit  of  Massachu- 
hctts  IJay  ami  New-llaninHliirc;  and  another  respect- 
ing their  quarrel  with  Mr.  Kennedy  the  Collector, 
concerning  the  seizure  of  the  gunpowder,  well  cal- 
«;ulnled,  as  the  cause  was  then  depending  in  the  Ad- 
miralty, to  put  Mr.  Morris,  the  Judge  ofthat  Court, 
under  some  kind  of  awe,  as  well  as  to  gain  one  vote 
in  Council  for  the  hill  then  depending  there.     The 
Jlouse  sent  a  public  message,   to  know  what  the 
Lieutenant  Governor  had  done  towards  forwarding  a 
representation  to  his  Majesty  respecting  the  seizure, 
and  were  satisfied  with  his  answer,  that  the  sentence 
was  not  yet  passed,  which  they  doubtless  had  alrea- 
dy known  from  their  own  counsel,  who  all  resided  in 
the  copital,  and  one  of  them,  Mr.  Nicoll,  cousin-ger- 
man  and  near  neighbor  to  Mr.  Watts,  a  member  for 
the  city.  TJiis  incident  would  be  iritling,  if  it  did  not 
mark,  what  is  worth  attention,  the  spirit  of  the  day.* 
When  the  House  met  again  in  October,  they  knew 
that  Mr.  Chief  Justice  Morris  had  left  England  in  the 
character  of  Governor  of  Pennsylvania,!  from  their 
agent;  that  their  vote  to  repel  force  by  force,  on  the 
Secretary  of  State's  letter,  had  been  universally  ap- 
plauded ;  that  the  Jersey  proprietors  had  appealed 
to  the  Privy  Council  against  the  report  of  the  Board 
of  Trade ;  that  he  had  offered  to  join  in  a  commis- 
sion for  running  the  line;  that  the  stations  could  not 
be  ascertained  there,  conformably  to  the  favorite  but 


Alexander  and  Murray  being  absent  in  Jersey,  the  Council  liien  present 
consisted  only  of  Mr.  Kennedy,  Mr.  Holland,  and  Mr.  Chambers,  who 
were  prevailed  upon  to  depart  from  the  instructions  by  a  mode  nerfectly 
new.  The  act  directed  the  Treasurer  to  pay  the  five  thousand  pounds  to 
the  Lieutenant  Governor ;  and  after  retaining  three  hundred  and  forty-ei"-ht 
pounds,  expended  in  the  victualling  and  transportation  of  the  two  indepln- 
dent  com|)anies  which  sailed  .,  ne,  the  residue  was  to  be  delivered,  on 
order,  to  the  order  of  the  Gov  irnor  of  Virginia,  with  the  advice  of  his 
Council. 

*  Mr.  Kennedy  was  Receiver  General  of  the  quit-rents,  and  had  given 
some  ofTeuce,  by  the  importunity  of  his  memorial  to  the  Lieutenant  Gover- 
nor for  his  recommending  a  law  to  enforce  die  payment  of  the  quit-rents. 

t  He  arrived  id  the  Mermaid  frigate  at  New- York,  on  the  18th  Septem- 
ber, 1754.  .  *^ 


*>— ■ 


[Chap.  IV. 

t  lemporniy 
t'  Massachu- 
ihcr  rcspccl- 
ic  CoUeclor, 
Icr,  well  cal- 
ng  ill  tlic  A(l- 
.i  (hat  Court, 
rnm  one  vote 

there.     The 

3W  what  the 

forwarding  a 

5  the  seizure, 

the  sentence 
>B8  had  alrea- 
all  resided  in 
11,  cousin-ger- 
i  member  for 
g,  if  it  did  not 
it  of  the  day.* 
er,  they  knew 
^ngland  in  the 
a,t  from  their 

force,  on  the 
uiversally  ap- 

ad  appealed 

of  the  Board 
lin  a  commis- 

>ns  could  not 
favorite  but 


iincil  tiicn  present 

r.  Chambers,  who 

a  mode  nerfectly 

Lhousaad  pounds  to 

[red  and  forty-eight 

(f  the  two  indepea- 

}  be  delivered,  on 

the  advice  of  his 

^ts,  and  had  given 
Jeutenant  Gover- 
>f  the  quit-rents, 
the  laih  Septem- 


J7M.J 


tm 


erroneous  idea  of  Mr.  Delanccy,  till  the  controversy 
concerning  the  construction  of  the  grants,  and  what 
tiie  true  boundaries  were,  was  first  adjudged  on  a 
commission;  that  this  was  the  mode  also  for  sett'iig 
our  eastern  limits,  and  that  he  wished  to  be  ready 
with  the  names  of  the  Commissioners  of  our  choice ; 
that  he  kept  a  watch  on  the  great  men  of  that  coun- 
try, respecting  the  afTiiirs  of  the  colony,  but  that  no- 
thing was  determined  as  to  the  representation  ;  that 
the  address  to  the  King  had  been  sent  np  to  the  Coun- 
cil, with  a  letter  from  the  Board  of  Trade,  and  that 
it  would  lay  over  till  their  report  was  made  upon  the 
representation ;  that  the  Board  of  Trade  had  of  late 
afiected  great  privacy,  and  were  so  jealous  of  the  in- 
quiries of  the  agents,  as  to  give  strict  orders  respect- 
ing information,  which  they  think  improper,  and  had 
^ot  a  poor  Clerk  dismissed  from  the  Council  Office, 
lor  giving  intelligence  about  one  of  their  reports; 
adding,  "  We  have  here,  some  who  have  expressed 
so  much  warmth  about  the  publication  of  the  mstruc- 
tion,  that  they  will  spare  no  pains  to  blacken  the  co- 
lony, in  order,  if  possible,  to  justify  that  measure, 
should  the  alTair  come  to  a  public  hearing.  There 
are  others  who,  I  believe,  are  inclinable  to  push  the 
instruction  by  a  more  moderate  course  to  the  suc- 
ceeding Governor,  and  to  drop  the  inquiry  about  Mr. 
Clinton's  management,  by  directing  that  successor  to 
report  how  the  affair  stands.  The  Parliament  will 
be  dissolved  soon.  Our  sugar  islands  make  a  shining 
figure  at  present,  there  being  about  fifty  persons,  who, 
from  their  estates  and  connexions  there,  are  at  the 
same  time  using  the  proper  means  to  have  seats  in 
Parliament.  I  fear  we  shall  soon  have  them  pushing 
not  only  for  the  continuance,  but  the  extension  of  that 
monopoly  they  now  enjoy."  Again  :  "  I  take  occa- 
sion of  showing  how  much  your  colony  has  to  do  at 
home,  if  a  war  is  to  break  out,  and  how  unable  you 
are  to  do  that,  and  give  assistance  to  others,  after  the 
heavy  expense  you  have  sustained  in  the  late  one ; 
ifiat  the  interior  system  of  your  own  government  is 
unhinged  by  the  instruction,  which  restrains  you  from 


M 


■' 


190  '  [Chap.  IV. 

providing  the  usual  support,  and  continuing  the  taxes 
necessary  for  that  end.  I  hope  Mr.  Delancey  has 
touched  upon  this  matter,  because  the  present  state 
of  affairs  will  contribute  more  to  get  you  rid  of  this 
restraint,  than  any  other  argument  whatsoever.  The 
complaint  of  the  Virginia  Assembly,  about  the  pistole 
fee  demanded  by  their  Lieutenant  Governor,  was  last 
week  heard  and  rejected ;  and  the  day  after,  Mr. 
Randolph,  the  Attorney  General,  who  came  hither 
to  prosecute  that  complaint,  was  told  at  the  Board  of 
Trade,  that  his  Majesty  had  no  further  occasion  for 
his  services.  I  am  heartily  sorry  for  the  juncture  of 
time  in  which  this  rejection  and  dismission  have  hap- 
pened. Much  has  been  said  about  the  warm  votes 
of  the  Assembly,  and  theic  assuming  a  power  to  make 
use  of  public  money  to  support  their  complaint.  No 
nomination  is  made  of  a  Governor  for  your  colony, 
and  until  that  is  done,  other  matters  will  stop,  unless 
the  present  exigency  of  affairs  determines  the  Minis- 
try to  let  the  Assembly  proceed  to  provide  as  usual 
for  the  support  of  the  colony."* 

Nor  was  the  prospect  of  internal  harmony  so  en- 
couraging to  Mr.  Delancey  as  at  the  commencement 
of  his  administration.  Mr.  Clinton  had  a  few  friends, 
who  favored  him,  not  so  much  for  the  sake  of"  his 
cause,  as  from  a  jealousy  that  the  popularity  and  am- 
bition of  his  adversary  endangered  personal  safety, 
or  obliged  to  an  humiliating  insignificance,  and  a 
"base  state  of  cringing  submission.  His  accession  to 
the  command,  induced  to  that  partiality  which  was 
necessary  to  reward  the  services  of  his  tools ;  and 
the  want  of  means  to  gratify  the  expectations  of 
others,  increased  the  number  of  the  discontented. 
His  incaution  respecting  the  institution  of  the  Col- 
lege, enlisted  many  others  on  that  side ;  and  the  oil 
of  religious  zeal  being  poured  upon  the  coals,  kindled 
a  flame,  neglected  at  the  beginning,  but  in  its  consc- 


j       *  Vide  Mr.  Charles's  letters  to  Mr.  Jones,  of  the  7th  and  8th  March,  8th 
April,  and  27th  June.  1  Tbi. 


i^ 


[Chap.  IV. 

Diitinuing  the  taxes 
Mr.  Delancey  has 
I  the  present  state 
^et  you  rid  of  this 

whatsoever.  The 
^  about  the  pistole 
Governor,  was  last 
he  day  after,  Mr. 

who  came  hither 
}ld  at  the  Board  of 
rther  occasion  for 
for  the  juncture  of 
smission  have  hap- 
ut  the  warm  votes 
g  a  power  to  make 
jir  complaint.  No 
r  for  your  colony, 
rs  will  stop,  unless 
jrmines  the  Minis- 
>  provide  as  usual 

i\  harmony  so  en- 
le  commencement 
had  a  few  friends, 
ir  the  sake  of  his 
opularity  and  am- 
d  personal  safety, 
^nificance,  and  a 
His  accession  to 
rtiality  which  was 
of  his  tools ;  and 
;  expectations  of 
the  discontented, 
tution  of  the  Col- 
side  ;  and  the  oil 
the  coals,  kindled 
:,  but  in  its  consc- 


e  7th  and  8th  March,  8lh 


17  M.]  '  •  jyj 

qucnces  destructive  of  his  popularity,  and  unfriendly 
to  his  repose  all  the  rest  of  his  life. 

When  divers  sums  had  been  raised  by  public  lot- 
teries for  founding  a  College,  they  were,  by  an  act  of 
the  Legislature,  in  November  1 75 1,  delivered  over  to 
the  custody  of  a  set  of  Trustees,  consisting  of  the 
eldest  Counsellors,  the  Speaker,  the  Judges  of  the 
Supreme  Court,  the  Mayor  of  the  metropolis,  the  Pro- 
VHice  Treasurer,  James  Livingston,  Benjamin  Nicoll, 
and  William  Livingston,  Esquires,  whose  trust  was 
to  take  care  of  the  principal  and  interest,  and  all  fu- 
ture additions,  until  disposed  of  by  the  Legislature. 
They  were  afterwards  empowered  to  draw  five  hun- 
dred pounds  a  year  more,  for  seven  years  ensuino-, 
out  of  the  Treasury,  into  which  it  had  flowed  as  a 
dut^  of  excise ;  and  then  they  were  to  begin  a  course 
of  instruction,  under  masters  of  their  electing  for 
their  new  seminary. 

Soon  after  the  first  of  these  acts,  the  Wardens  and 
Vestry  of  Trinity  Church,  by  Mr.  Barclay  their  Rec- 
tor, offered  a  part  of  the  estate  of  their  opulent  cor- 
poration in  the  suburbs  of  the  capital,  for  the  erection 
and  convenience  of  the  College.  This  was  so  early 
as  the  8th  of  April,  1752;  and  in  autumn  1753,  Dr. 
Johnson,  the  Episcopal  Minister  of  Stratford  in  Con- 
necticut, was  invited  to  take  the  President's  chair, 
and  Mr.  Whittlesey,  a  Presbyterian  Minister  of  New- 
Haven,  to  serve  under  him,  as  second  master  of  the 
new  mstitution. 

The  churches  of  other  denominations  soon  took 
the  alarm,  suspecting  that  the  Episcopal  persuasion 
intended  to  engross  the  government  of  the  College ; 
and  the  press  began  daily  to  represent  the  impolicy 
and  injustice  of  devoting  funds  rSfsed  by  all  sects  for 
a  common  use,  to  the  dominion  of  one. 

They  were  no  longer  in  doubt  than  till  the  spring 
oi  this  year,  when,  on  the  1 6th  of  May,  Mr.  William 
Livingston  discovered  that  his  fellow-trustees  were 
bent  upon  applying  to  the  Lieutenant  Governor  for  a 
charter  under  the  Great  SeaL  The  plan  of  its  go- 
vernment being  exhibited  in  a  draft  then  laid  before 


h.i 


t0Ht  1*1        -wrf« 


[Chap.  IV. 

llie  Board  of  Trustees,  that  gentleman  protested 
against  their  proceeding  without  the  authority  of  the 
whole  Legislature,  to  whom  they  were  responsible 
Jor  their  fidelity :  but  the  other  Trustees  would  not 
suffer  the  entry  till  four  days  afterwards,  on  their  ap- 
proving a  petition  which  the  Lieutenant  Governor 
iiad  consented  to  receive;  the  design  being  avowed, 
of  excluding  every  man  from  the  President's  chair 
who  was  not  in  communion  with  the  Church  of  Eng- 
land, and  introducing  the  Common  Prayer  Book  for 
the  religious  exercises  of  the  College. 

The  Lieutenant  Governor  laid  this  request  before 
the  Council  for  their  advice,  and  the  grant  passed 
against  the  opinions  of  Mr.  Alexander  and  Mr.  Smith, 
who  assigned  their  reasons  in  a  protest  on  the  Coun- 
cil books.    Mr.  Delancey  himself,  who  either  con- 
ceived Its  foundation  illiberal,  or  unfriendly  to  his 
popularity,  after  fruitless  endeavors  to  dissuade  the 
projectors  from  exacting  the  fulfilment  of  a  promise 
they  had  extorted,  ordered  the  seal  to  be  put  to  the 
charter  with  some  hesitation,  and  to  the  general  dis- 
satisfaction of  every  other  religious  persuasion  in  the 
colony,  to  whom,  in  point  of  numbers,  the  Episcopa- 
lians did  not  constitute  the  proportion  of  one-tenth. 

It  therefore  concerned  the  Governor  and  his  party, 
especially  as  the  inquietude  occasioned  by  the  irrup- 
tion of  the  French  and  Indians  upon  Hosicke  and 
benkaick  above  Albany  was  general,  to  improve  the 
ensuing  session  for  securing  the  favor  both  of  the 
Crown  and  the  people :  and  the  autumn  session  was 
therefore  no  sooner  commenced,  than  two  popular 
bills  were  introduced— one  to  restrain  prosecutions 
by  information,  and  another  to  enlarge  the  power  of 
Justices  of  the  Peace,  by  enabling  them  to  decide  in 
ciril  causes  to  the  value  of  five  pounds. 

^yhile  the  Assembly  were  pondering  how  to  fulfil 
their  engagement  before  the  late  adjournment  in  Au- 
gust, Mr.  Delancey  urged  them  to  several  popular 
laws ;  supplies  for  new  works  at  Albany  and  the  fron- 
tiers; the  discharge  of  the  demands  of  public  credi- 
tors, and  particularly  of  that  to  Colonel  Johnson,  with 


P>ap.  IV. 

man  protested 
uthority  of  the 
re  responsible 
tees  would  not 
Is,  on  their  ap- 
lant  Governor 
being  avowed, 
isident's  chair 
hurch  of  Eng- 
ayer  Book  for 

■cquest  before 

grant  passed 

ind  Mr.  Smith, 

.  on  the  Coun- 

0  either  con- 
•iendly  to  his 
>  dissuade  the 

of  a  promise 
be  put  to  the 
s  general  dis- 
suasion in  the 
he  Episcopa- 
)f  one-tenth, 
md  his  party, 
by  the  irrup- 
Hosicke  and 
improve  the 
both  of  the 

1  session  was 
two  popular 
prosecutions 
the  power  of 
to  decide  in 

how  to  fulfil 
iment  in  An- 
tral popular 
md  the  fron- 
)ublic  credi- 
:>hnson,  with 


1751.]  *- 

whom  he  was  reconciled.  A  few  days  afterwards  h.. 
made  further  requisitions  for  purchasing  a  Jebemu^ 

cTous  i  tl.  nf  T"'  '''■'^Po^^J  «  «a*v,  with  the  spe- 
Quh  re  ts  o^'-ender.ng  the  recovery  of  his  Majesty's 
^hn  h  1  1  '''"^'■'  ^"^  "to  compel  those  (says  hel 
who  hold  large  tracts  of  uncultivated  land  to  a  snee 

Thl5  nn         7T  '"  S^"'^'*"  «t  Albany.  ^ 

existence  ot  the  colony ;  declared  they  were  at  a  Jos^ 

against^misa'pfctt  1 1£^^^  "Z^r  "'""' 

0.  other  otfic^e^s  of  the  C.^!^:  ft^ 'iVbe  fotrtX' 


...struction  notvvithstanJinr  Zt  1  r.^  f'*,''"''  P''"''"!'"? /<>"•  t!.«  year,  the 
charge  of  his  demauds,  and  a  iut^ll  t,\  ''^  ""T"*'*  ^'^  •>"?««  "^  «'«  dig- 
that  the  bill  for  pavinff  th"  pub£  cr«H  f ''  ^ ''  ""''  If  ""^  *"'*'  '"'«™''  him 

support,  went  up,  but  we'eff  L  bv  ^T^  "  "^  ''  "'"*  ^'"'  "'"  '""""' 
latiuus.  "opped  by  the  CouncU,  contrary  to  fais  e%e<:- 


j»ai-xs^  ^  .^  ..■.^  _ 


>?"» 


194 


[Chap.  IV 


i 


a  mistake :  that  it  is  strict  appropriation  which  pro- 
duces such  security,  and  not  the  present  mode  of 
granting  the  revenue  annually,  which  of  itself  is  of 
no  effect  at  all,  and  if  directed  to  the  above  purposes, 
what  the  Assembly  themselves  would  not  allow. 
They  inform  the  Governor,  that  they  have  no  objec- 
tions to  checks  and  penalties  for  preventing  and  pu- 
nishing misiipplications;  but  add,  that  if  the  Assem- 
bly persist,  by  the  means  of  anrmal  grants,  either  to 
attempt  arresting  from  the  Crown  the  nomination  of 
oHicers,  or  any  other  executive  part  of  government, 
or  disappointing  the  most  essential  services  of  the 
province,  unless  such  pretensions  are  complied  with, 
though  they  may  have  succeeded  in  such  attempts, 
either  by  the  weakness  and  corruption  of  Governors^  or 
by  taking  advantage  of  the  necessity  of  the  times: 
"  yet  these  attempts  are  so  unconstitutional,  so  incon- 
sistent with  the  interests  of  the  mother  country,  as 
well  as  of  the  Crown,  and  so  little  tending  to  the  real 
benefit  of  the  colony  itself,  that  it  will  be  found  they 
flatter  themselves  in  vain,  if  they  imagine  they  can 
ever  give  them  a  stability  and  permanency.  I  hope, 
therefore,  (continued  Mr.  Delancey,)  you  will  take 
these  weighty  reasons  into  your  most  serious  consi- 
deration, and  provide  a  permanent  revenue  for  the 
support  of  government,  in  such  a  manner  as  may  put 
an  end  to  any  dispute  on  that  head."  But  he  had  it 
also  in  charge  to  inform  them,  that  he  could  no  longer 
consent  to  any  emissions  of  paper  money  as  a  legal 
tender,  nor  to  any  bill  for  this  species  of  money, 
though  no  tender,  without  a  suspending  clause  till 
the  King's  pleasure  could  be  known  ;  and  he  desires 
the  House  to  conform  to  these  directions. 

If  he  knew  at  that  time,  of  the  ill  success  of  their 
address  against  Mr.  Clinton,  his  reasons  for  conceal- 
ing it  are  obvious.* 


*  Mr.  Charles's  account  of  it  IGtli  November)  is  this: — "Observing 
that  your  Honorable  House  have  not  received  any  notificatian  in  form  of 
theiiMtdilress  to  the  King  in  December  last,  transmitted  by  the  Lieutenant 
Povernor,  J  think  it  consistent  with  my  duty,  and  the  attention  I  onre  to 


[Chap.  IV. 

ition  which  pro- 
resent  mode  of 
h  of  itself  is  of 
above  purposes, 
)uld   not   allow. 

have  no  objec- 
vonting  and  pu- 
at  if  the  Assem- 
grants,  either  to 
le  nomination  of 

of  government, 
services  of  the 
f  complied  with, 

such  attempts, 
of  Governors^  or 
:y  of  the  times : 
tioiial,  so  incon- 
her  country,  as 
ding  to  the  real 
II  be  found  they 
aagine  they  can 
nency.  I  hope, 
)  you  will  take 
t  serious  consi- 
revenue  for  the 
iner  as  may  put 
But  he  had  it 
could  no  longer 
loney  as  a  legal 
?cies  of  money, 
ding  clause  till 

and  he  desires 
ions. 

success  of  their 
3ns  for  conceal- 


is  this: — "Observing 
notificatian  ia  form  of 
tted  by  the  Lieutenant 
;he  attention  I  owe  to 


1754.]  .  ,9^ 

This  produced  an  address,  disclaiming  all  inten- 
tion to  abridge  the  Executive,  though  they  would  not 
recede  from  the  new. mode;  and  a  declaration,  that 
they  could  not  construct  forts  without  a  further  emis- 


whatever  proceeds  from  the  General  Assembly,  to  inform  you  that  his  Ma 

jesty  has  been  p  eased,  by  his  Order  in  Council  of  the  6th  of  Au^    t    to 

reject  the  sa.d  address,  upou  a  representation  of  the  Lords  Commi!  oners 

for  Trade  and  Plantations,  who  have  undertaken  to  verify  the  rhXe 

apmst  the  colony,  contained  in  the  39th  article  of  instructioL   o  .hSe 

S  r  DanversO^born  Baronet.  I  am  sorry  to  find  that  their  LorLbip   have 

vmir  sSh'S  '"  '■'.'''L^^'  woms/afee/y  and  maliciouslt,,  made3inn 

yo  ir  said  address    to  their  representation  of  the  state  and  condition  of  the 

colony,  instead  of  applying  them  to  the  suggested  matter  andsunnolJd 

facts  upon  which  that  representation  is  thougll  to  be  foundedrand  aS 

which  you  have  desired  to  be  heard— foMhis  I  take  to  Hp  H,«  „hL 

S"tf  •'",'  -temio«  of  your  House  in  the  ""^  of   ho' e  w„  d    "    It  w" 

about  this  time  that  Mr.  Charles  framed  a  case  for  Doctor  Ha  's  ooinTo^ 

offeS"?  T  "!«*™?''°»'  preparatory  to  his  design  of  cilmp  a.ning  Sfthe 

offensive  instruction  in  a  petition  to  the  King;  but  it  cannot  be  asceranf 

ed  that  It  was  ever  carried  into  execution.    It  is,  however,  here  tranSh- 

ed,  to  gratify  the  curiosity  of  the  reader.  iranscnb- 

"  New- York  is  one  of  the  most  considerable  of  the  British  f<n]ni.i<A.» 
«.econt.ne„tof  North  America,  under  the  immedil  go  e  J^TonJe 
Crown.     This  colony  belonged  forinerlv  to  the  Tintrh    an,i    l!,;»k       / 
tract  of  land    was  ca'lled  Ne'w  NetherlaU!  wLh    fn  ^San'geVr  SuT 
^am,  was.  by  the  treaty  of  Breduin  .667.  surrendered  by  th^Tutch  to  the 

»»»','♦!"  'be  British  colonies,  or  most  of  them,  have  in  them  three  distinct 

cSr;-vi'"t  nZ  f  "".k'  *'"  *'^*'^"^"'  constitution  of  thefr  mothe 
country— via.  a  Governor,  the  representative  of  the  Kinff;  a  Council 

^r'fttil  ^H  "''  r?  '"f  ""•'  ^  ^""^^  «f  Judicature,  r^o  embhng  S 
perfectly  the  House  of  Lords,  and  a  General  Assembly,  or  House  of  Re 
presentatives.  resembling  imperfectly  the  House  of  C^mZm      The  Go 
vemor  IS  appointed  by  the  King;  has  a  power  of  callingrproroffuinr   or 
dissoWng  the  General  Assembly,  and  h^  a  negative  in  aUlT^  which 
having  passed  the  Council  and  Assembly,  are  presented  to  him.  The  Coan- 

StLtJ7.^^'""*f''/i*'';^'°^'u""'^'  '^"•'  the  Governor,  form  a  CouSof 
State,  are  assistant  Judges  to  him,  as  Chancellor,  and  in  the  Court  of  An- 

?mm  h„  i  "'"'e'ther  originate  with  themselves,  or  are  sent  up  to  them 
S^  chl.t."h"?"^'  ^''^  i^""*"""'  Assembly,  the  free  election  of^he  pe? 
pie,  choose  their  own  speaker  and  officers;  are  judges  of  their  own  e^ec- 
t ions;  prepare  and  pass  bills  in  oiJ.r  to  be  sent  up  to  the  Council  and 
claim  a  right  that  all  money  bills  should  originate  witl.  themselves 

which  L"IZ2f„'»Hr°'';"^  '■'"■  "'^  ""PP"''*  of  government  in  this  colony, 
vearlv^f^hi  H  •  *'"'««"/«""  P""*,  has  been  thus  :-Iq  September 
bfll  whiilK  "**  IB  permitted  to  sit.    the  Assembly  prepare  and  pass  a 

nor  f^tVi'™'"''"'!!  "u™**'*'  '■*"■  ^^^  "«"»'  y«'»'-'y  diaries  to  the  GoTer- 
oor,  to  the  Ju^Jges,  and  other  officers  and  ministers  of  the  government,  foi- 


'•wp^mmwwBP^ 


1^6 


[Chap.  IV. 


sion  of  paper,  nor  woul<]  they  consent  to  that,  unless 
those  bills  were  made  a  legal  tender.  They  there- 
fore request  him  to  represent  the  case  of  the  colony 
to  the  King;  engage  to  provide  for  its  defence,  when 


the  ensuini?  year.  At  this  season  also,  all  claims  and  demands  upon  tlic 
colony  boiiis  retcivoj,  examined,  and  reported  opon  by  the  committee, 
who  prepare  tlieir  bill.  Provision  is  likewise  made  for  the  discharge  of 
tho'je  demands  ;  these  liquidated  and  setUed  ;  and  the  Treasurer  of  the  co- 
lony is  by  the  said  bill  dir.-cted  and  empowered  to  pay  the  said  salaries  and 
debts  to  the  respective  persons  named  m  the  said  bill,  which  having  passed 
the  Assembly,  is  sent  up  to  the  Council,  and  if  passed  by  them,  is  sent  up 
to  the  (iovernor,  and  if  passed  by  him,  becomes  a  law  of  the  colony,  sub- 
ject only  to  the  disallowance  or  repeal  of  the  King. 

"  The  credit  of  the  colony  stands  unimpeaohed,  and,  in  point  of  merit 
witli  the  mother  country,  comes  short  of  none  of  her  colonies,  particularly 
in  the  late  war;  and  for  seconding  the  views  of  the  Crown  in  the  reduc- 
tion of  Cape  Breton  and  Canada,  they  raised  about  fifty  Oiousand  poundg 
sterling,  without  desiring,  as  other  colonies  have  done,  anv  reimbursement 
from  the  Parliament  of  Great  Britain. 

"Governor  Clinton,.tlic  immediate  predecessor  of  Sir  Dauvers  Osborn, 
took  his  salary  annually,  during  the  whole  course  of  his  administration,  in 
the  method  before  mentioned.  It  is  true,  that  after  having  thus  accepted 
of  It  about  fouryears^  endeavored  to  have  it  settled  upon  him  for  a  term 
of  years,  as  had  actually  been  done  upon  several  of  his  oredeccssors ;  but 
tli&Assembly  persisted  in  the  refusal  of  it:  whereupon, 'and  upon  sundry 
titllllr  disputes  which  have  arisen  between  Mr.  Clinton  and  several  Assem- 
blies of  the  colony,  a  representation  to  his  Majestv  in  Council  was  drawn 
wp  by  the  Lords  Commissioners  of  Trade  and  Plantations,  '  whereof  the 
»gent  of  the  colony  could  never  obtain  a  copy,  having  received  for  answer 
to  his  application,  that  it.  was  a  matter  of  state.'  So  that  the  colony  has 
neither  been  made  aciuainted  with  the  particular  facts  alleged  against 
their  General  AssPT.blies,  nor  have  they  been  heard  in  their  own  defence. 
"  Sir  Danvers  Osborn  succeeding  to  Governor  Clinton,  carried  out  with 
liim  the  said  39th  article  of  instruction ;  but  dying  soon  after  his  arrival  in 
the  colony,  that  administration  devolved  upon  James  Delancey,  Esquire, 
his  Majesty's  Lieutenant  Governor,  who,  with  his  speech  to  the  Assembly, 
laid  before  them  the  said  instruction. 

"  Be  pleased  to  understand,  that  the  King  has  been  advised  to  reject  the 
address  of  the  Assembly,  by  an  Order  in  Council  of  the  6th  of  August, 
whereof  a  copy  is  not  to  be  obtained:  whereupon  your  opinion  is  desired, 
previously  upon  the  legality  and  the  propriety  of  the  agent's  address,  in- 
tended to  be  sent  to  the  King;  then  upon  the  following  points  relative  to 
.  the  39th  instruction : — 

'•  l8t.  Whether  the  natural  bom  subjects  of  the  King,  in  the  British 
American  colonies,  are  not  entitled  to  the  rights,  liberties,  and  freedom  of 
English  subjects? 

"  2d.  Whether  the  people,  by  their  representatives  in  General  Assem- 
bly, are  bound  to  obey  ttie  directions  of  the  Crown,  signified  in  the  com- 
mission and  instructions  to  a  Governor,  which,  though  a  rule  to  him  for  his 
conduct,  is  not  understood  to  be  to  the  people  the  measure  of  their  obft- 
aience  P 

"  3d.  Whether  positive  law  onlv,  be  not  to  the  people  the  only  rule  of 
tfiat  obedionce  ?  »  r    i  ^ 


-Ill  iwuljuiw 


[Chap.  IV. 

t  to  that,  unless 
•.  They  there- 
e  of  the  colony 
8  defence,  when 


ind  demands  upon  tlie 
m  by  the  committee, 

for  the  disoharg;e  of 
!  Treasurer  of  the  co- 
\/  the  said  salaries  aod 

which  having'  passed 
;d  by  them,  is  sent  up 
*  of  the  colony,  sub- 

nd,  in  point  of  merit 
colonies,  particularly 
Crown  in  the  rcduc- 
iifty  thousand  pounds 
I,  any  reimbursement 

Sir  Dauvers  Osborn, 
his  administration,  in 
having  thus  accepted 
:  upon  him  for  a  term 
lis  predecessors ;  but 
m,  and  upon  sundry 
1  and  several  Assem- 
1  Council  was  drawn 
itions,  '  whereof  the 

received  for  answer 
3  that  the  colony  has 
facts  alleged  against 
n  their  own  defence, 
ion,  carried  out  with 
m  after  his  arrival  in 

Delancey,  Esquire, 
ech  to  the  Assembly, 

advised  to  reject  the 
'  the  6th  of  Augnst, 
r  opinion  is  desired, 
I  agent's  address,  in- 
ig  points  relative  to 

King,  in  the  British 
rties,  and  freedom  of 

1  in  General  Assem- 
ignified  in  the  com- 
a  rule  to  him  for  his 
leasure  of  their  obn- 

jple  the  only  rule  of 


1754.] 


19T 


he  ,s  unembarrassed  by  instructions ;  and  give  him 
their  promise  to  provide  for  erecting  a  fort  to  Z 
northward  of  Albany.  ^         ^    '**  ^"^ 

The  Governor,  in  the  reply,  professes  his  satisfac 
tion  in  the.r  assurances  that  they  mean  no  encroach 
ments  on  his  Majesty's  authority;  and  glfd  ng  ten 
derly  ever  the.r  answer,  only  asks  whether  the  aLual 


'"^ii^wnr  r  p^-p'-  o7  B't'h^i-Ser;  aXm;.^ntr ''"- 

by  th'Jins'^SnVd'^.^^^^^^^^^^^  aVa  L^TnT  77  ''^  ^'""««^"««' 
"r;r^4^^'r^"  "'«  GoVernrandS^eo  ,V'"  ^'^''^°— ^  ^o  be 
membt  o7?slX  fi^^Taro^trr ^d  '"'^?--»'<'^.  -  -y 
the  government,  because  of  v^tfnSntrU'tthe  dfrSk-n'of  t?  "^T  ''^ 
"  9rXt£  T  ^"''''  f'^^'y  -Va^BriUsh  SsS  ,S'.'  '"""" 
VrerT^ti^T:tTy!:;ZuL^^^^^  or  iringthe 

great  abuse?  ^  unlimited  power,  and  may  be  subject  to  very 

instruction.  ^'""''  "''''  ■"*  '"'''  ^'"'^^'^  'o-^-ff  the  legality  of  thi. 

be;J:sfnTeTtl;  his  M^LririS  'Tnd  btyr'  '"^i-^^^"*'  •"*-'^«''  '- 

39th  instruction  is  a  most  U l-advKnd  fntem^?''^'^"'  •"  ""''  *''»*  "'« 

to  the  several  objections  menSSn  the  qSs       """''"■*' ''"'  ''"•'^«' 

"  (Signed)  GEORGE  HAY, 

»,i_  ni.    I  .  Doctors^  Comnum* » 

at?£r^ct.['uVnVhe\'irT^^^^^^^^ 

was  asked,  "h^her  he  cSe  ^d  iZse  ^a^o^b^^^^^^^^^  '"'  '" '"  5'"^''""'^ 
Governor  of  the  colonv    or  to  nPn-^U       *•    ^^^  '"  'correspond  with  the 

was,  that  «  he  had,  i/matte«  ™f  DublicT"'"f  ^""^  ''''" '  «»  '««"'«'• 
himself  to  the  Governor?and  waVah^avs  "T?  '  '^^'^  'i^es  addressed 
commands."  He  (hen  moved  to  know  JL?'^  T'^^"'*  "^^  "«""'''«'•  »"■» 
representation  of  the  lasUear     Wa«l         '^"»^o°«  <"»  'he  Assembly's 

anS  would  be  considered  'upon  th^ appo^en;  of'tV  '"^  '^'"'?  *»'«"'' 
aim  of  their  Board  was  to  brino-  Vh«  ^PP"!"*""?  ,  '  Governor :  that  the 
raising  and  issui^  money  Ind  hL'^hr/l^f  h*'''  ^  ''  *"^''""  •"«*«»  of 
in  th  Jr  letters  to  UrLTe^uUraJt  Go've  'or'^t^^^^^^^  *^^J'^  '"".V 

Assembly  to  do  their  part  "     °1  tiZl?\-  .i  "  '"ewained  with  the 

leaveof  their  LordsHs  after  savir/h?-!''"^'..*^'"-  ^'''"'H  took  my 
affect  New-Yorrtofind'am^a-urr„?\h''  'I  """'•'  "^  but  ve/y  sensibly 
while  all  the  King-'s  ffovernrnTn^nn  fi  "  "'''"''^  '^""^"^^  '«  «bem  singly, 
provide  for  thcSves  bv  Z.  !.  '*  l^T  ^."""nent  were  permitted  to 
necember,  /Je^^'ves  by  annual  support."    Letter  to  the  Speaker,  ZOtk 


m 


siwipt-an  y 


19«  .       [Chap.  IV. 

support  will  not  have  the  effect  apprehended ;  joins 
in  their  testimony  that  there  ean  be  no  forts  without 
issuing  more  bills ;  informs  them  of  what  they  well 
knew,  that  the  late  act  of  Parliament  against  the  pa- 
per money  in  the  eastern  colonics,  was  made  at  the 
instances  of  the  London  merchants,  injured  by  depre- 
ciations for  want  of  funds  to  cancel  the  emission ; 
subjoins,  what  the  Assembly  should  have  witnessed, 
that  the  value  of  our  bills,  by  our  superior  care,  was 
not  such  as  they  had  been  elsewhere,  nine  for  one; 
and,  upon  the  whole,  proposed  an  emission  of  forty 
thousand  pounds,  for  fortifications,  to  be  sunk  by  a 
tax  of  five  thousand  pounds  per  annum,  commencing 
in  17.57,  when  the  present  taxes  were  to  cease ;  and 
to  such  a  bill  he  will  consent,  if  there  is  a  clause  in- 
serted to  make  the  paper  no  valid  tender  for  a  debt 
contracted  in  Great  Britain. 

It  required  some  courage  to  venture  this  hiht ;  for 
the  merchants  in  the  British  trade  were  instantly 
alarmed  with  the  prospect  of  ruin,  through  the  scar- 
city of  silver  and  gold  to  discharge  their  immense 
debts:  but  their  clamors  were  suddenly  appeased 
by  a  set  of  resolves — that  laws  with  suspending 
clauses,  might  expose  the  colony  to  ruin  before  the 
King's  pleasure  could  be  known ;  that  bills  not  ten- 
derable,  would  be  useless ;  and  that  to  make  them 
a  tender  to  some  and  not  to  others,  would  create  con- 
fusion, and  be  injurious  to  commerce. 

Unable  to  pass  any  bills  for  raising  money,  they 
contented  themselves  with  resolves,  engaging  for  the 
salaries  of  the  officers ;  and  to  put  into  Mr.  Delan- 
cey's  hands  the  old  -.Uowance  of  four  hundred 
pounds,  for  fuel  and  candle?  for  the  independent  com- 
panies, though  two  of  them  had  been  drawn  away  to 
Virginia,  and  the  rest  to  Oswego ;  for  when  Captain 
King  arrived  in  a  few  days  after  the  session,  to  take 
the  command  of  the  Governor's  company,  with  Mr. 
Pitzar  the  Commissary,  they  found  only  a  sergeant 
and  eleven  privates  at  New-York,  wjth  but  three 
good  muskets,  and  not  an  ounce  of  powder  in  the 
magazine ;  and  the  two  sentinels  at  the  Lieutenant 


[Chap.  IV. 

jheiuled ;  joins 
o  forts  without 
what  they  well 
against  the  pa- 
as  made  at  the 
ureil  by  depre- 

the  emission  ; 
ave  witnessed, 
?rior  care,  was 
p,  nine  for  one; 
mission  of  forty 
>  be  sunk  by  a 
n,  commencing 
to  cease ;  ana 

is  a  clause  in- 
ider  for  a  debt 

J  this  hiht ;  for 
were  instantly 
ough  the  scar- 
their  immense 
'nly  appeased 
th  suspending 
uin  before  the 
bills  not  ten- 
to  make  them 
Id  create  con- 

g  money,  they 
igaging  for  the 
to  Mr.  Delan- 
four  hundred 
?pendent  com- 
Irawn  away  to 
when  Captain 
ission,  to  take 
►any,  with  Mr. 
ily  a  sergeant 
'}th  but  three 
jOAvder  in  the 
he  Lieutenant 


17.U.] 


m 


Governor's  door,  during  the  sitting  of  the  Congress  at 
Albany  were  relieved  bv  others  Iho  came  ffom   he 

sani.g  of  the  Chief  Justice's  salary  of  three  hundred 
poinds  a  year  and  an  augmentation  of  iif,y  to  Mr 
Chambers  on  that  account,  yet  „„thi„g  was  added 
to  the.r  former  vote  of  one  lun.drcd  pounds  to  the 
third  Judge  who  had  deserted  the  party,  and  made 
h^  peace  with  Mr.  Clinton,  and  been  -eJtored  Z\t 
oAce,  2mh  of  July,  17.03,  on  th.  future  tenure  of  good 
behavior,  and  who  was  therefore  out  of  the  reach  o 

nJJ^h'^  7^1,^  necessity  at  this  juncture,  that  the 

ZZesil  ^'"™"^  ^'""'^  ^'  ^'8"-"^  of  their 

The  conduct  of  the  College  Trustees,  and  the 

scheme  to  g.ve  the  Episcopalians  a  pre-eminence  in 

n  fit    A  ,«^'^J^«ec  aries,  and  compelled  the  Houie 
to  attend   o  their  clamors.     To  thiS  end,  soon  Xr 

heir  meeting,  they  ordered  the  Trustees  to  report 
their  transactions  under  the  act  by  which  they  had 
been  appomted ;  and  the  same  day,  the  Ete^s 
Elders  and  Deacons  of  the  Low  Dutch  a^anc  en  ' 
opulent,  and  enchartered  Church,  presented  a  pe"-' 

lated  by  an  act  of  the  Legis  ature,  and  insisted  tLf 
provision  might  be  made  in  it  for  a  Se  s^of  thdi 
numerous  denomination.  rroiessor  ol  then 

.J^t  '*'''"^^^^^.  <^a«»e  up  on  the  first  of  November 
and  the  contrariety  of  sentiment  amongst  S  apJ 
peared  m  two  separate  reports,  Mr.  William  Liting- 

iM^on  another.     They  were  no  sooner  read,  than  the 


the  Lords  of  Trade!  but  one  hunSrpd  In  t  "^^'T  *"•  ^^^  '^"«'-  <"""n 
more  on  consideration  of  the  „rp«jl?^  a  «%  Po^ds,  »vith  fifty  pounds 
in."  any  vacaocHX Xf  s'eT^/jSe!  °''''  "ffi-'^it^out  exW 


amut  j'i.w'j><ij,jiiBiii!i 


-<>t*  [Chap.  IV. 

House  became  divided  upon  a  motion  to  enter  both 
of  them  at  large  on  the  journals  of  the  House,  which 
was  carried  by  a  considerable  majority.     The  capi- 
tal then  in  the  hands  of  the  Trustees,  exclusive  of  the 
annual  revenue  of  five  hundred  pounds  from  the  ex- 
cise, was  five  thousand  four  hundred  and  ninety-seven 
pounds,  fourteen  shillings  and  sixpence.     When  the 
reports  were  considered,  the  Assembly  resolved,  nem. 
con.^  "  that  they  would  not  consent  to  any  disposition 
of  the  monies  raised  by  way  of  lottery,  for  erecting 
and  establishing  a  College  within  this  colony  for  the 
education  of  youth,  or  any  part  thereoi;  in  any  other 
manner  whatsoever  than  by  act  or  acts  of  the  Legis- 
lature of  this  colony,  hereafter  to  be  passed  for  that 
purpose."    And  Mr.  Robert  Livingston,  who  repre- 
sented the  manor  of  that  name,  immediately  had 
leave  to  bring  in  a  bill  to  establish  and  incorporate 
a  College,  which  he  introduced  that  very  afternoon. 

The  scheme  opened  by  this  bill,  puzzled  every 
branch  of  the  Legislature.  There  was  no  hope  of  its 
passing  either  the  Council  or  the  Lieutenant  Gover- 
nor, not  only  from  its  repugnancy  to  their  own  reli- 
gious  attachments,  as  members  of  the  Episcopal 
Church,  but  because  it  subverted  the  establishment 
they  had  given  it  by  letters  patent  in  the  name  of  the 
Crown.     By  the  Assembly  it  could  not  be  rejected 
from  their  dread  of  the  people,  nor  passed  consist- 
ently with  their  party  prejudices.    In  this  dilemma, 
Mr.  Walton  found  them  a  door  of  escape,  by  a  mo- 
tion that  the  committee  to  whom  it  was  referred  be  < 
discharged,  the  consideration  of  the  bill  postponed 
to  the  next  session,  and  in  the  interim  printed  for  the 
opinion  of  their  constituents.  It  was  introduced  with 
observing,  "  that  the  subject  was  of  the  utmost  con- 
sequence to  the  people  they  had  the  honor  to  repre- 
sent, with  respect  both  to  their  civil  and  religious  li- 
berties ;"  and  that  the  advanced  season  of  the  year 
did  not  give  time  to  consider  all  the  parts  of  the  bill 
with  that  attention  its  vast  importance  required.* 


*  It  may  be  seen  at  large,  with  Mr.  William  Liringston's  reasons,  in  the 
journals  of  the  Assembly.    The  bill  was  drafted  by  Mr.  Scott,  for  insti- 


[Chai).  IV. 

9  enter  both 
ouse,  wliich 
The  capi- 
lusive  of  tne 
Irom  the  ex- 
ninety-seven 
When  the 
esolved,  nem. 
y  disposition 
tor  erecting 
olony  for  the 
in  any  other 
of  the  Legis- 
iSBed  for  that 
II,  who  repre- 
ediately  had 
i  incorporate 
y  afternoon, 
luzzled  every 
no  hope  of  its 
enant  Gover- 
heir  own  reli- 
he  Episcopal 
establishment 
e  name  of  the 
be  rejected 
issed  consist- 
his  dilemma, 
ipe,  by  a  mo- 
i8  referred  be 
ill  postponed 
(rinted  for  the 
Iroduced  with 
utmost  con- 
mor  to  repre- 
religious  li- 
of  the  year 
is  of  the  bill 
•equired.* 


i754.J 


201 


This  measure  increased  the  jealousies  abroad,  es- 
pecially when  it  was  observed  that  the  House  after- 
wards set  another  lottery  on  foot ;  negatived  a  mo- 
tion of  Mr.  Livingston's,  to  postpone  the  second  read- 
ing of  the  bill  for  it  to  the  next  meeting,  and  another 
for  a  deposit  of  the  money,  till  applied  by  a  future 
law ;  and  carried  a  third  for  striking  out  a  clause  for 
enacting  that  any  member,  for  moving  to  apply  the 
sum  to  be  raised  by  it  for  any  other  than  the  use  of 
the  College,  should  be  expelled. 

Though  fully  premonished  by  the  agent,  that  the 
controversy  with  New-Jersey  would  not  terminate, 
unless  by  the  adjudication  of  a  Court  of  Commission- 
ers constituted  by  the  Crown,  and  urged  by  memori- 
als and  proofs  of  the  distressed  condition  of  the  peo- 
ple on  the  borders ;  yet,  from  an  obstinate  attach- 
ment to  the  opinion,  that  the  stations  from  and  to 
which  the  dividing  line  was  to  be  run  were  clear,  or 
to  protract  the  controversy,  an  act  was  now  passed 
to  submit  it  to  the  King,  and  a  vote  entered  as  a  se- 
curity for  a  moiety  of  the  expense.'"'  **  An  act  is  pass- 
ed,'' says  the  Speaker  in  his  letter  of  the  7th  Decem- 
ber, **  submitting  the  dispute  to  his  Majesty  solely, 
which  we  know  will  bring  that  matter  to  a  speedy 


issue 


U's  reasons,  in  the 
fr,  Scott,  for  insti- 


The  act  to  regulate  informations  for  oHences  pro- 
secuted in  England  by  the  Clerk  of  the  Crown  Office, 
was  a  very  popular  law,  though  it  much  of!ended 
the  then  Attorney  General,t  who  had  excited  the 
disgust  of  some  merchants  of  distinction,  by  lending 
too  easy  an  ear  to  trifling  complaints,  and  informers 
of  very  slight  characters. 

The  English  statute  of  the  4th  &  5th  William  and 
Mary,  cap.  xviii.,  made  no  invasion  upon  the  rights 


tutiog  an  Unireraitj  upon  liberal  priuoiples,  on  a  proTincial  eudowmenl, 
as  free  as  possible  from  all  the  coatracted  aims,  prejudices,  and  partiality 
of  sectarian  zeal. 

*  His  Majesty  repealed  this  act;  and,  by  an  instruction  of  the  I2lh  of 
August,  1755,  required  a  law  to  provide  for  the  expense  of  cxecutingp  a 
commission,  under  the  Great  Seal  of  Great  Britain. 

+  Mr.  Kempe,  who,  with  his  fantOy,  arrived  here  2d  November,  17r»y. 

26 


*T-'\ 

rJ 

m 


% 


IM 


m 


Ik 


'10'2 


LChap.  1\. 


of  the  King's  Attorney  General,  for  it  affected  onlv 
the  Master  of  the  Crown  Office.  But  this  act,  sincr 
we  had  no  such  officer,  was  meant  to  bind  the  Attor- 
ney General,  whenever  he  proceeded  for  such  offen- 
ces, as  the  Master  might  prosecute  in  England,  and 
was  therefore  unskilfully  drawn,  unless  it  abridged 
the  confidence  reposed  by  law  in  the  Attorney  Ge- 
neral ;  and  if  it  did  so,  the  Crown  was  in  some  mea- 
sure affected  as  well  as  its  Attorney,  whose  emolu- 
ments, by  a  law  withdrawing  confidence  in  his 
prudence  and  if)tegrity,  for  slighting  frivolous  appli- 
cations, were  greatly  abridged  :  for,  according  to  the 
design  of  this  act,  no  information  for  misdemeanors 
prosecutable  by  the  Master  of  the  Crown  Office, 
could  be  instituted,  but  at  the  risk  of  costs  to  the  de- 
fendant unless  it  was  filed  by  order  of  the  Governor 
and  Council,  or  the  Judges  of  the  Supreme  Court,  or 
where  the  Court  shall  certify  that  there  was  reason- 
able cause  tor  the  prosecution.  The  security  requir- 
ed, is  rarely  adequate  to  the  charge  of  the  defence. 
But  it  is  a  much  more  material  fault  in  legislation, 
to  leave  it  doubtful  when  Mr.  Attorney  proceeds  as 
such,  or  as  Master  of  the  Crown  Office.  It  was  ad- 
judged by  Messrs.  Delancey  and  Horsmanden,  Octo- 
ber Term,  1756,  in  the  case  of  Gomez  and  alii  ads. 
Dom.  Regis.,  that  the  informer,  if  bound  for  the  costs, 
is  no  witness  on  the  trial  to  prove  the  assault,  &c. 
upon  himself  nor  his  wife.  The  counsel  for  the  de- 
fendants cited  Ciil.  Evidence,  121, 122.  Trials  per 
p.  12e.    1  Sid.  337.    Hard.  331. 

Kempe,  Attorney  General.  Interested  witnesses 
are  received,  where  necessary.  Per  Curiam.  The 
objection  is  unanswerable.  The  prosecutor  is  evi- 
dently interested,  and  the  wife  by  necessary  conse- 
quence. Since  the  statute  of  William  and  Mary,  of 
which  our  act  is  nearly  a  cojiy,  a  nominal  prosecu- 
tor is  named  in  the  information,  to  elude  this  very 
objection.    The  defendants  were  acquitted. 

The  Kit)g's  Bench  will  not  give  leave  to  file  such 
informations,  on  the  application  of  the  Attorney,  as 
he  may  bring  ex  officio :  those  cases  are  not  within 


[Chap.  1\  . 

it  affected  onlv 
t  this  act,  Bincr 
bind  the  Attor- 
1  for  such  oflen- 
n  England,  and 
ess  it  abridged 
10  Attorney  Ge- 
is  in  some  mea- 
,  whose  emolu- 
ifidence  in  his 
frivolous  appli- 
iccording  to  the 
r  misdemeanors 
Crown  Office, 
'  costs  to  the  de- 
i  the  Governor 
preme  Court,  or 
ere  was  reason- 
security  requir- 
of  the  defence. 
It  in  legislation, 
ley  proceeds  as 
ice.  It  was  ad- 
smanden,  Octo- 
nez  and  o/tt  ads. 
nd  for  the  costs, 
the  assault,  &c. 
nsel  for  the  de- 
22.     Trials  per 

ested  witnesses 
vr  Curiam.  The 
'osecutor  is  evi- 
lecessary  conse- 
im  and  Mary,  of 
jminal  prosecu- 
elude  this  very 
quitted. 

;ave  to  file  such 
he  Attorney,  as 
\  are  not  within 


i7a|.j 


203 


ho£f  the  nr!ln     •        ^'*'^'?'*'^'  ^'^^  ^'^^''  ^^^OiM  wilh- 

fJnn  ;    p     .    v.*  *'''*"*^  instance  w(  ore  the  d.ospcu 
Th«  England  belongs  to  the  Crow..  OfXce^"'''" 

mented  h^  '  i      Lieutenant  Governor's,  for  it  aug- 

Th2  oroS  «  'frr  "  ^'^'y  P^-*^  of  th«  colon! 
<yf  thi^r  ^^  ^'*''  •'"'^•^^«  o**  P«"ce,  who  were  aU 
nited  b^rr'^.'^PP^'J^r"^'  ^"J  generally  nomil 
thattn^o^^^^^^^  i'^'  country? now  rendered 

the  linLTo?  more  lucrative,  and  tied  together 

and    ho  A      "TJP^'""  •'^^^^een  the  election  jo^bbers 

motive,  for  th«  inuovation,  af  will  more  parlic"larlv 
^^T^  "P""  *«  opposition  to  the  com  nuS 
oftlus  dangerou,  policy  Tn  a  ,ab«quent  ad™„£ 

ther  hb  own  alS-  .h  ''7»I««'«d,  a,  medUa^  ™- 
neriMs  own  »od  tbe adrancemont  oftlie  interesls  of 

So    rn3;"u"Z'h?  «?"'*J">'the  righu  "l^he  pci 

pie,  and  It  was  his  misfortune,  that  tlie  first  «!t;., 

dication  m  Error  riveted  thes;  unfavorable' s^." 


r. 


iiHW.  ■>!  ijj 


204  [Chap^lV. 

A  bill  of  exceptions  had  been  taken  on  a  trial  at 
Bar  to  the  opinion  of  the  Bench,  and  execution  sus- 
pended by  a  writ  of  Error,  returnable  before  the 
Lieutenant  Governor  and  his  Council.  The  question 
above  was,  whether  the  writ  ought  not  to  be  quash- 
ed, the  King,  by  one  of  the  instructions,  having  per- 
mitted appeals  to  them,  wliere  the  quantum  in  litiga- 
tion was  upwards  of  three  hundred  pounds  sterling. 
The  verdict  in  the  present  case  was  for  a  less  sum ; 
but  the  counsel  of  Bryant,  the  plaintiff  in  Error,  for 
the  retention  of  his  cause,  insisted  that  the  writ  of 
Error  was  a  writ  of  right ;  that,  according  to  the  re- 
cord, manifest  error  had  intervened  ;  that  the  Gover- 
nor and  ^outicil  had  been  long  in  possession  of  the 
power  to  redress  the  errors  of  the  Supreme  Court ; 
that  this  authority  was  part  of  the  colony  constitu- 
tion ;  that  though  it  originated  by,  yet  it  did  not  de- 
pend, any  more  than  tnc  Supreme  Court,  upon  the 
royal  instructions ;  that  the  existence  of  such  a  Court 
of  Errors  was  essential  to  the  due  administration  of 
justice  in  the  colony;  that  though  the  Court  of  the 
Governor  and  Council  would  not  prescribe  for  their 
right  to  take  cognizance  in  error,  as  the  House  of 
Lords  did  in  England,  it  stood  nevertheless  upon  the 
principles  of  necessity  and  utility,  which  had  given 
birth  to  the  prescriptive  right  of  the  peers,  and  that 
it  was  their  duty  to  hold,  and  as  far  as  possible  am- 
plify, their  jurisdiction ;  that  the  authority  could  not 
be  legally  abridged  or  altered  at  the  pleasure  of  the 
Crown ;  that  had  the  instruction  the  emcacy  of  a  law, 
yet  speaking  only  of  appeals,  a  term  known  in  the 
civil  law,  it  could  not  relate  to  relief  in  a  course  of 
Error,  according  to  the  common  law;  that  it  had 
never  been  duly  promulgated,  and  was  therefore  not 
binding  upon  the  subject ;  that  the  writ  of  Error  was 
itself  a  commission  under  the  Great  Seal  to  the  Lieu- 
tenant Governor  and  the  Council,  posterior  to  the 
instruction,  and  for  that  reason  their  authority  was 
not  affected  by  the  latter ;  and,  lastly,  that  unless  the 
judgments  of  the  Supreme  Court  were  reversible  in 
this  way,  they  were  so  in  no  other,  and  the  Judges. 


[Chap^V. 

taken  on  a  trial  at 
and  execution  sus- 
rnable  before  the 
ncil.  The  question 
it  not  to  be  quash- 
ctions,  having  per- 
j  quantum  in  Titiga- 
;d  pounds  sterling. 
vas  for  a  less  sum ; 
iintifT  in  Error,  for 
sd  that  the  writ  of 
icording  to  the  re- 
d  ;  that  the  Gover- 
I  possession  of  the 
e  Supreme  Court  ; 
le  colony  constitu- 
,  yet  it  did  not  de- 
le  Court,  upon  the 
ice  of  such  a  Court 
;  administration  of 
1  the  Court  of  the 
prescribe  for  their 
,  as  the  House  of 
ertheless  upon  the 
,  which  had  given 
he  peers,  and  that 
ar  as  possible  am- 
uthonty  could  not 
:he  pleasure  of  the 
e  efficacy  of  a  law, 
erm  known  in  the 
lief  in  a  course  of 
law;  that  it  had 
1  was  therefore  not 
»  writ  of  Error  was 
li  Seal  to  the  Lieu- 
L  posterior  to  the 
heir  authority  was 
)tly,  that  unless  the 
were  reversible  in 
r,  and  the  Judges. 


consequently,  had  an  u-  ontrollable,  absolute  and 
fonnidable  despotism  ov  jr  the  property  of  the  sub- 
ject, in  all  cases  under  three  hundred  pounds  ster- 
hng— an  authq;rity  dangerous  to  the  colony  and  all 
suitors  m  it,  not  trusted  by  the  constitution  to  anv 
Court  in  England.  •' 

*i,'^o^.i!^®r"»'J^  "P®"  **^'^  popular  doctrine  was  on 
the  27th  of  Marcfi,  1755,  anS  the  decision  to  over- 
rule all  the  objections  and  quash  the  writ,  agreeably 
to  the  King's  order,  without  entering  into  any  in. 
quiry  on  the  merits  of  the  bill  of  exceptions  The 
only  satisfaction  of  the  counsel  for  the  plaintiff  in  Er 
ror,  (of  whom  the  author  was  one,*)  arose  from  a  dis- 
cernment that  the  whole  Court  was  conscious  of  a 
timiid  obsequiousness;  and  the  Lieutenant  Governor 
and  Mr.  Murray,  more  anxious  than  others,  contra- 
vened the  doctrine  they  had  endeavored  to  inculcate 
in  that  opinion,  which  the  latter  had  delivered  lipon 
honor  to  the  Assembly,  to  support  the  Court  of  Ex. 
chequer,  m  the  year  1734. 

Before  this  determination,  Mr.  Delancey  and  the 
Council  had  fallen  under  some  degree  of  oiium.  The 
undistinguishing  multitude  were  alarmed  at  the  oros- 
pect  of  a  war,  and  th,»  defpnoeless  condition  both  of 
our  sea-coasts  and  inland  frontiers.  Ii  was  to  stin 
these  clamors  that  the  Council  advised,  and  the  Lieu 

Ibfr/uK  Ti"**'  »««"*^^':jn  "n«8ual  proclamation,  on 
the  10th  of  January,  under  his  private  seal,  calling 
the  Assembly  to  meet  on  the  4th  of  February,  thouS 
they  were  under  an  adjournment  to  the  second  Tues 
day  in  March.  "^^' 

He  informed  them  of  the  armament  comine  out 

with  General  Braddock,  for  the  expulsion  of  Sie 

French  from  the  Ohio ;  urged  them  to  fortify  the  co- 

ony;   advised  to  a  more  compulsory  regulation  of 

the  mihtia,  and  to  an  attention  to  the  Inlians    and 


f  With  Mr.  William  Livinmton  and  Mr.  Scott       Mr    m;„„ii   r     « 
bnant  the  defendant  in  Erro?^  on  a  mSion  fo?  quaswJ^  the  wS  *t%*'' 
wnt  mn  cause.    To  which  we  plead  on  the  26th  DeccSr,  17M  '    "'^  " 


i 


ff 


■5 '  -i 
lie 

i 


^»6  [Chap.IV. 

said,  «  he  flattered  himself  that  they  would  not  risk 
losing  tbeir  ail  hy  an  iU-ttmed  parsimony." 

During  the  consternation,  the  proclamation,  (not- 
withstanding a  perfect  concert  took  place  between 
all  the  three  branches  for  disregarding  the  royal  in- 
structions, and  in  a  few  days  they  emitted  forty-five 
thousand  pounds  in  bills  of  credit,  to  be  sunk  by  a 
tax,)  prohibited  supplies  of  provisions  to  the  French 
coloines,  and  subjected  the  militia  to  such  duties  and 
penalties  as  the  Executive  thought  fit  to  prescribe, 
but  to  screen  the  Assemblymen,  the  militia  act  ori- 
ginated with  the  Council. 

At  this  juncture,  Mr.  Shiriey  dispatched  his  envoys 
to  animate  the  colonies  to  the  project  he  had  long 
meditated  for  exterminating  the  French  from  the 
north  continent  of  America. 

This  gentleman  was  colleague  to  Mr.  Mildmaylfor 
adjusting  the  contests  in  America,  leil  unsettled  by 
the  peace  of  Aix  la  ChapeHe,  and  in  the  conference 
with  the  French  commissioners  at  Paris,  became  jea- 
lous that  France  had  the  ambitious  aim  of  subjecting 
ajl  the  northern  parts  of  the  new  worid  to  her  domi- 
nion. Then  it  was,  that  he  conceiveid  the  idea  of  mak- 
ing a  conquest  of  Canada.    He  proposed  the  design 
on  his  return  to  Mr.  Pelham,  but  waa  silenced  by  the 
pacific  and  economical  maxims  of  that  minister,  and 
ordered  out  to  bis  government,  from  whence  he  never 
ceased  his  complaints,  to  excite  administration  to 
some  vigorous  exertions.  The  ministry  were  at  length 
coimpelled  to  listen  to  his  suggestions,  by  the  accom- 
plishment of  hispredictions,  and  letters  were  now 
written,  by  Sir  Thomas  Robinson,  (Mr.  Pelham  be- 
ing dead,)  apprising  all  the  provinces  of  their  dan- 
ger, of  which  Mr.  Shiriey  made  a  good  use. 

To  this  colony  he  sent  Mr.  Thomas  Pownal,  who 
was  trusted  with  the  secret  before  communicated  to 
the  Assembly  of  the  Massachussetts  Bay,  under  the 
tie  of  an  oath.  Canada  was  to  be  threatened  on  the 
side  of  the  Kennebec  and  the  Lakes  Champlain  and 
Ontario,  while  Braddock's  two  regiments  with  the 


[Chap.  IV. 

would  not  risk 
iny." 

lamation,  (not- 
place  between 
^  the  royal  in- 
itted  forty-five 
be  sunk  by  a 
to  the  French 
iich  duties  and 
;  to  prescribe, 
nilitia  act  ori- 

lied  his  envoys 

he  had  long 

ich  from   the 

r.  Mildmay  for 
unsettled  by 
ie  conference 
s,  became  jea- 
I  of  subjecting 
to  her  domi- 
e  ideaof  mak- 
ed  the  design 
enced  by  the 
ministerf  and 
snce  he  never 
inistration  to 
I'ere  at  length 
»y  theaccom- 
rs  were  now 
.  Pelham  be- 
>f  their  dan- 
ise. 

Pownal,  who 
nunicated  to 
ri  under  the 
tened  on  the 
amplain  and 
its  with  the 


J75J.J  -  ,  ^y^ 

Southern  aid,  were  to  penetrate  and  reduce  the 
French  Forts  on  the  Ohio.* 

Pownal  found  Mr.  Delancey  and  his  party  rather 
cold  and  backward,  and  applied  himself  to  a  party 
who  from  vanous  causes  were  become  so  consider- 
able as  to  inspire  the  Lieutenant  Governor  with  some 
awe,  and  especially  as  their  views  corresponded  with 
•'^^recommendations  of  the  ministry. 

The  Lieutenant  Governor,  therefore,  soon  after 
Mr.  Braddock's  arrival,  sent  a  message  to  the  Assem- 
bly,  on  the  26th  of  March  1755,  pressing  for  supplies 
to  quarter  troops  and  impress  carriages  &c.  and  ap- 
pnsed  them  of  the  precarious  condition  of  Oswego, 
where  the  mrrison  were  exposed  to  want  by  the  non- 
payment  of  their  debt  to  Sir  William  Johnson,  who 
had  contracted  to  subsist  them. 
r^M^lu^f  communicated  to  them  at  the  sane  time 
Mr.  ShirFey's  letters,  the  Council  called  for  a  com- 
mittee  from  the  lower  house,  to  hear  Mr.  Pownal's 
eiplanation,  and  the  joint  committee  immediately  re- 

??  !  •;  KM  ^^""^^^^  ^^^"^^  "^^  well  concerted,  and 
that  if  Massachusetts  would  raise  fourteen  hundred 
men,  we, ought  to  find  eight  hundred,  and  they 
agreed  to  contribute  to  a  general  fund  for  the  com- 
mon chaise  of  the  war. 

«-I5*'5'1«""  lif'^»*^T^f  ^'y  preparations  were  bus- 
pcnded  for  Mr.  Braddock's  approbation  of  the  plan. 
Mr.  Shirley  was  piqued  at  thfs  delay,  for  no  act  was, 
passed;  but  the  house  after  three  days  adjourned,  till 
the  General's  opinion  could  be  obtained  at  a  con- 
gress, to  which  he  had  called  several  of  the  Gover 
nors  at  Alexandria. 

That  convention  t  was  held  on  the  14th  of  April 
and  when  Mr.  Delancey  returned,  ui^ed  the  AssW 
Wy  on  the  23d  of  that  month  to  proceed ;  inforaiinff 
them,  that  General  Braddock  had  consented  to  the 

.•l*?!"  ^^'•■'•y''*  •«««"■  "M  communicBted  to  the  council  of  New  v«,t 
ther  Chw  aod  others,  followad  the  d»y  after.        "*"""*'' """  •"»  bro- 


s. 


!ly 


-««  [Chap.  IV. 

plan,  and  the  next  day,  the  Assembly  resolved  and 
soon  after  passed  bills,  for  levying  eight  hundred 
men,  to  act  on  the  side  of  Crown  point,  to  impress 
artificers  for  constructing  boats,  &c.  and  to  prevent  the 
exportation  of  provisions  to  the  French. 

After  these  became  laws,  Mr.  Delancey  on  the  2d 
of  May  adjourned  the  house  to  the  20th,  and  then  to 
the  27th.  when  he  further  informed  them,  that  Con- 
necticut had  agreed  to  supply  three  of  the   eight 
companies  at  our  expense,  and  that  he  had  sent  to 
Virginia  for  the  necessary  arms  for  the  whole  eight 
hundred;  that  more  forts  would   be  necessary  on 
Hudson  river,  and  a  large  vessel  in  the  Lake,  (St.  Sa- 
crament, since  Lake  George ) ;  that  it  was  agreed  a.f 
Alexandria  to  make  presents  to  the  Indians,  and  that 
money  ought  to  be  applied  for  that  purpose,  and  for 
the  expenses  of  Mr.  Johnson,  the  Commander  in  Chief 
of  the  provincial  troops,  against  Crown  Point,  suit- 
able to  his  rank  of  Major  General. 

The  Assembly,  proceeding  upon  the  plan  of  the 
late  Congress  at  Albany,  for  apportioning  the  aids  of 
the  colonies,  voted  fifty  pounds  towards  artificers  for 
constructing  forts.      One  hundred  and  seventy  four 
2>ounds  ten  shillings  and  eleven  pence  as  their  propor- 
tion of  eight  hundred  pounds  sterling,  for  Indian  pre- 
sents. Eighteen  hundred  for  arming  their  levies,  and 
engaged  for  their  proportion  towards  a  vessel  on  the 
lake.     A  bill  was  set  on  foot  for  the  payment  of  the 
necessary  services  of  the  Crown  Point  expedition, 
and  clauses  ordered  to  be  inserted  to  pay  the  Lieu- 
tenant Governor,  two  hundred  pounds  tor  his  journey 
to  Virginia,  and  twenty-two  pounds  more  to  his  bro- 
ther Oliver,  who  went  to  Connecticut,  to  obtain  three 
hundred  men  towards  accomplishing  our  levies  in 
that  colony,  and  for  his  diligent  and  faithful  services 
there,  he  had  the  thanks  of  the  house.      But  before 
any  further  progress  was  made  the  Lieutenant  Gov- 
ernor adjourned   them  on  the  last  of  May,  to  the 
10th  of  June,  when  he  informed  them,  that  he  had  pro- 
cured arms  from  Virginia  foi  six  hundred  of  their  men; 
that  a  severe  law  was  necessary  to  obstruct  the  sale  of 


[Chap.  IV- 

'esolved  and 
ght  hundred 
,  to  impress 
0  prevent  the 

ey  on  the  2d 
,  and  then  to 
ji,  that  Con- 
of  the   eight 
had  sent  to 
B  whole  eight 
necessary  on 
Lake,  (St.  Sa- 
iras  agreed  a' 
ians,  and  that 
'pose,  and  for 
ander  in  Chief 
n  Point,  suit- 

le  plan  of  the 
ng  the  aids  of 
3  artificers  for 
seventy  four 
their  propor- 
iT  Indian  pre- 
|ir  levies,  and 
I  vessel  on  the 
yment  of  the 
it  expedition, 
lay  the  Lieu- 
ir  his  journey 
•e  to  his  bro- 
obtain  three 
»ur  levies  in 
lithfid  services 
But  before 
Litenant  Gov- 
May,  to  the 
k  he  had  pro- 
of their  men; 
let  the  sale  of 


I75i).j 


2oy 


rum  to,  and  purchases  of,  arms  from  the  Indians ;  that 
a  reimbursement  was  required  for  a  present  to  them 
of  Indian  corn,  and  that  drafts  from  the  Militia  were 
expedient  towards  completing  the  levies.  This 
message  contained  the  iollowmg  clause :  «'  In  the 
quotas  to  be  settled  for  the  contingent  charges  which 
may  arise,  none  of  the  colonies  ought  at  present  to 
be  considered  but  such  as  are  engaged  in  the  expe- 
dition, lest  the  service  should  suffer  by  it,  or  by  too 
minute  a  calculation.  The  proposed  expedition  is 
of  such  consequence,  that  it  ought  not  to  be  retarded 
by  any  light  consideration." 

On  the  seventeenth  of  June,  he  calls  upon  them  for 
two  thousand  pounds,  as  a  fifth  of  the  expense  of  the 
train.  Repeats  his  request  towards  General  John- 
son's expenses.  A  supply  of  their  prQfM)rtion  to- 
wards Indian  presents.  Provision  for  a  Quarter 
Master  to  be  appointed  by  himself,  and  applauds  the 
former  evidences  of  their  zeal. 

Two  days  after  they  agreed  to  give  two  thousand 
pounds  towards  the  train ;  four  hundred  and  fifty 
pounds  to  the  Indians ;  fifty  pounds  to  General  John- 
son for  his  table,  as  much  to  the  Colonel  of  their  own 
regiment ;  thirty  pounds  to  the  Major,  and  four  shil- 
lings a  dsiy  to  one  of  the  Officers  serving  as  Quarter 
Master. 

The  Council  afterwards  sent  the  lower  house  a  bill, 
against  the  exportation  of  provisions,  stores  of  war, 
&c.,  and  in  the  second  reading  of  it,  the  Lieutenant 
Governor  adjourned  them  again  to  the  twentieth  of 
June  for  four  days. 

Mr.  Kennedy,  the  Receiver  General,  carried, 
through  his  quit-rent  bill  at  this  session,  but  it  excited 
resentment,  and  the  house  on  the  twenty-fifth  of 
June,  desired  to  know  from  the  Lieutenant  Governor 
what  had  been  done  respecting  the  powder  he  had 
seized  as  the  King's  Collector ;  adding,  ''  that  it  will 
be  impracticable  to  keep  any  gunpowder  for  the  use 
of  the  colony,  if  it  be  liable  to  be  thus  arbitrarily 
seized  and  taken  out  of  the  custody  of  the  officer, 
under  pretence  of  being  unlawfully  imported."  He 
.  27 


i 


^«f  e 


210    *  '  •   [ChapJV. 

replied,  that  the  affair  (as  he  took  it,)  rested  with  the 
lawyers,  and  promised  to  give  directions  to  quicken 
the  proceedings  ;*  and  the  same  day  they  sent  him  a 
message,  desiring  him,  as  Mr.  Shirley  was  hourly  ex- 
pected, "  to  use  his  utmost  endeavours  to  settle  with 
him  all  matters  relating  to  the  Crown  Point  expedi- 
tion, that  the  same  may  not  be  retarded  for  want  of 
any  articles  necessary  for  carrying  on  the  said  expe- 
dition." 

The  Lieutenant  Governor  laid  before  them  on  the 
fourth  of  July,  a  request  from  Boston,  that  prepara- 
tion might  be  made  by  this  colony  for  ai.  addition  to 
the  troops.  They  only  voted  that  they  would  augment 
their  aid  if  it  was  necessary;  and  after  adding  sundry 
clauses  for  further  expenditures,  sent  up  the  bill  to 
provide  figr  the  services,  on  the  fifth  of  July,  which 
the  Council  read  thrice  and  sent  up  to  the  Governor, 
who  passed  it  the  very  same  day  it  came  up  from  the 
Assembly,  and  he  then  adjourned  them  to  the  twenty- 
second  of  that  month. 

The  people  of  the  Massachusetts  Bay,  taking  the 
advantage  of  the  common  distress,  were  now  making 
now  inroads  upon  (he  colony.  The  scattered  farm- 
ers on  the  eastern  borders,  unable  to  resist  the  large 
bands  of  intruders  who  came  upon  them  by  surprise, 
had  their  property  despoiled,  and  were  themselves 
carried  off"  to  distant  jails,  and  harassed  by  the  de- 
mand of  extravagant  bail.  The  pretext  for  these 
violences,  besides  a  proclamation  to  apprehend  the 
intruders,  was  a  letter  to  Governor  Shirley  from  Mr. 
Delancey,  declining  their  proposal  of  last  winter  of 
having  the  decision  of  their  controversy,  relating  to 
the  partition,  to  disinterested  referees ;  but  early  in 
the  spring,  a  committee  under  that  government  pro- 
tected by  men  in  arms,  began  surveys  for  towns  west 
and  north-westward  from  Sheffield,  and  within  twelve 
or  fourteen  miles  of  Hudson's  River.    These  transac- 


*  Mr.  Kennedy  did  not  succeed  entirely  to  bis  wish.  To  the  hi'.]  '-lerc 
were  many  popular  clauses,  for  the  Assembly  would  not  impOL?  %ny  rent 
tipon  the  old  patents  that  had  been  free  from  them  before. 


[Chap.  IV 

[•ested  with  the 
ions  to  quicken 
hey  sent  him  a 
was  hourly  ex- 
's to  settle  with 
1  Point  expedi- 
icd  for  want  of 
I  the  said  expe- 

jre  them  on  the 
n,  that  prepara- 
)rai.  addition  to 
r  would  augment 
r  adding  sundry 
t  up  the  bill  to 
ti  of  July,  which 
to  the  Governor, 

;ame  up  from  the 
emtothetwenty- 

5  Bay,  taking  the 
irerc  now  making 
;  scattered  farm- 
0  resist  the  large 
hem  by  surprise, 
were  themselves 
assed  by  the  de- 
iretext  for  these 
)  apprehend  the 
Shirley  from  Mr. 
of  last  winter  of 
•versy,  relating  to 
;es ;  but  early  in 
government  pre- 
ys for  towns  west 
land  v^ithin  twelve 
These  transac- 


Uish.    To  the  br."  '-^we 
I  not  impo-:  ^ny  "feni: 
before. 


1755.] 


211 


tions  were  reported  to  Mr.  Oelancey,  by  persons  who 
conferred  with  the  committee  both  at  Sheffield  and 
Springfield,  in  a  letter  of  the  twenty-ninth  of  May, 
and  his  silence  at  this  session  upon  a  subject  so  inter- 
esting to  the  proprietors  of  the  manors  of  Livingston 
and  Renselaerwyck,  as  well  as  many  others  in  the 
north  country,  who  beheld  the  rapid  growth  and  as- 
piring spirifbf  their  eastern  neighbours,  administered 
to  censure  and  discontent,  it  is  some  proof,  if  our  in- 
telligence was  true,  that  the  committee  were  them- 
selves conscious  of  a  defeat  of  title  in  their  princi- 
pals, that  they  made  presents  of  cultivated  land  to 
such  of  the  tenants  as  were  willing  to  contest  the  title 
of  their  landlords,  and  sold  the  residue  at  the  low 
price  of  but  two  shillings  lawful  money  per  acre.* 
One  of  the  prisoners  was  a  workman  taken  from  the 
casting  of  cannon  ball  at  the  Ancram  furnace  for  the 
King's  army ;  and  that  the  service  might  not  suffer, 
Governor  Shirley  wrote  to  the  judges,  requesting 
that  he  might  be  bailed.  It  was  no  sooner  read  than 
they  declared,  that  this  interposition  of  the  Gover- 
nor's was  of  itself  a  good  reason  for  liolding  him  in 
close  custody.  This  anecdote  is  recorded,  not  to  ex- 
pose their  ignorance  of  a  prerogative  vested  by  Jaw 
in  the  King,  whose  letters  against  law  and  right  are 
doubtless  to  be  disregarded,  but  to  show  the  extreme 
jealousy  of  the  high-spirited  descendants  of  the  men 
who  had  curbed  the  tyranny  of  Charles  I. 

That  Mr.  Shirley,  whose  regiment  with  Sir  William 
Pepperel's,  had  passed  by  us  up  the  river  on  the 
twenty-fourth  of  June  for  Niagara,  cens  red  the 
tardy  proceedings  of  this  colony,  when  he  arrived  at 
New- York  on  the  second  of  July,  and  from  which  he 
departed  two  days  after,  was  universally  known. 


*  The  author  accompanied  Mr.  Robert  R.  Livingston  on  this  journey. 
On  the  16th  of  May  they  met  Brigadier  Dwiglit,  Colonel  Choat,  and  Major 
Ilawley  at  Sheffield.  They  had  a  vote  of  the  General  Court,  authorising 
them  to  make  grants  west  of  Sheffield  and  Stockbridgc,  as  far  as  to  the 
province  of  New-York.  They  could  not  be  dissuaded  from  prosecuting 
their  surveys  under  so  dangerous  and  indecisive  a  power,  being  uu'ler  iii- 
K' ructions.    They  refused  giving  a  copy  of  the  vote. 


m 


jChap.  IV . 


How  well  it  was  Ibunded,  is  left  to  the  reader  t(» 
determine.  The  Speaker's  letter  to  the  agent  of  the 
sixth  of  July,  was  doubtless  intended  as  the  justifica- 
tion of  their  proceedings.  "  By  our  last  advices  from 
the  westward,  Major  General  Braddock  was  on  his 
march  from  Willis's  Creek,  within  about  fifty  miles 
of  the  Ohio :  his  men  well  and  in  high  spirits.  On 
the  fourth  instant.  Governor  Shirley  set  At  from  this 
place  tor  Albany,  his  men  chiefly  gone  before,  intend- 
ing with  all  expedition  for  Niagara.  This  little  army 
consists  of  his  own  and  Pepperel's  regimenti*.  joined 
by  five  hundred  men  from  New-Jersey,  and  five  hun- 
dred more  proposed  to  be  taken  from  IVlajor  General 
Johnson's  command ;  so  that  this  union  will  of  course 
carry  into  execution  the  clause  and  article  of  war 
you  sent  us,  and  show  its  effects.  The  enterprise  to 
Crown  Point  has  so  thoroughly  engrossed  the  afien- 
tion  of  the  House,  that  they  have  not  been  able  to 
apply  themselves  to  the  affair  of  the  Jersey  line. 
The  provincial  forces  of  this  and  the  eastern  colonies, 
arc  on  their  march  for  Albany,  in  order  with  the 
utmost  despatch  to  proceed  to  Crown  Point,  under 
the  command  of  Major  General  Johnson,  who,  it  is 
said,  has  engaged  a  good  number  of  Indians  to  attend 
both  armies,  and  I  am  in  hopes  by  October  next,  we 
shall  be  in  possession  of  all  the  settlements  they  have 
made  on  his  Majesty's  lands.  This  colony  has,  on 
this  occasion,  exerted  its  utmost,  having  in  conjunc- 
tion with  the  colony  of  Massachusetts  Bay,  furnished 
the  whole  train  of  artillery,  amounting  to  an  expense 
of  ten  thousand  pounds  currency,  the  other  colonies 
having  furnished  no  part  thereof." 

It  must,  however,  be  remembered,  that  one  motive 
to  the  zeal  of  the  party  who  had  so  long  predomina- 
ted in  the  province,  was  taken  away  from  the  moment 
the  news  arrived  in  March,  that  Sir  Charles  Hardy 
was  coming  out  to  take  the  reins.  Their  disgust 
could  not  be  concealed ;  Mr.  Delancey  had  the  mor- 
tifying prospect  of  descending  to  the  bench  with  a 
disputable  tiile,  and  the  members  were  not  without 
their  fears  of  a  dissolution,  from  the  firmness  of  the 


[Chap.  IV. 

the  reader  t«» 
le  agent  of  the 
8  the  Justifica- 
}t  advices  from 
:k  was  on  his 
out  fifty  miles 
;h  spirits.     On 
;t  iht  from  this 
before,  inleiid- 
[his  httle  armjj 
riments.  joincil 
f,  and  five  hun- 
Major  General 
n  will  of  course 
article  of  war 
le  enterprise  to 
ssed  the  at*en- 
t  been  able  to 
he  Jersey  line, 
astern  colonies, 
lorder  with  the 
rn  Point,  under 
inson,  who,  it  is 
tdians  to  attend 
jtober  next,  we 
aents  they  have 
colony  has,  on 
ing  in  conjunc- 
i  Bay,  furnished 
r  to  an  expense 
!  other  colonies 

nthat  one  motive 

)ng  predomina- 

lom  the  moment 

ICharles  Hardy 

Their  disgust 

had  the  mor- 

bench  with  a 

fere  not  without 

firmness  of  the 


1755.] 


2i;{ 


I* 


administration  respecting  the  permanent  support,  the 
rejection  of  their  address  to  the  King,  the  unac- 
countablcness  of  their  act  respectwg  the  Jersey  line,* 
and  the  inattention  of  the  Lords  of  Trade  to  their 
impeachment  of  the  late  Governor.  Add  to  this,  that 
the  dissentions  respecting  the  College  had  spread 
through  the  colony,  and  endangered  the  seats  of 
several  members  ;t  and  that  the  Delanceys  were 
not  a  little  chagrined,  both  with  Mr.  Shirley  and 
General  Johnson.  The  former  having  preferred 
Messrs.  Peter  Van  Brugh  Livingston  and  William 
Alexander,  to  Mr.  Oliver  Delancey,  for  agents  in  the 
purchase  of  supplies  for  the  Niagara  expedition,  and 
the  latter  being  a  partisan  of  Mr.  Clinton's,  and 
therefore  not  paid,  and  hated  the  more,  because 
favored  by  General  Braddock,  in  consequence  of  the 
patronage  of  Mr.  Shirley.  Not  to  mention  that  Shir- 
ley had  expressed  himself  to  *he  Lieutenant  Governor 
with  a  tartness  not  easily  to  be  forgot,  though  it  was 
necessary  to  guard  against  his  attacks ;  add  to  this, 
after  the  precipitation  of  the  act  providing  for  the 
service  by  three  readings  in  one  day,  and  the  stimulus 
respecting  Mr.  Kennedy,  an  opposer  of  that  bill,  and 
the  promoter  of  another  sent  from  the  Council  to  the 
House  for  the  easier  recovery  of  the  King's  quit-rents, 
was  ascribed. 


*  To  weaken  the  opposition,  Mr.  Delancey  had  granted  an  additional 
charter,  e'  bling^  the  Ministers,  Elders,  and  Deacons  of  the  Low  Dutch 
Cburcb  of  New- York  to  choose  and  maintain  a  professor  in  the  College  of 
their  persuasion,  and  on  the  12th  of  June,  the  Governor)  petitioned  the 
Assembly  for  the  money  which  had  been  raised  and  put  into  the  hands  of 
the  Trustees,  but  it  was  carried  by  a  majority  of  two,  to  postpone  the 
consideration  of  their  request  to  the  fall  of  the  year. 

f  Mr.  Charles's  letter  of  S5th  of  March,  1 755,  had  utterly  subverted  the 
confidence  of  those  who  relied  on  the  Lieiftenant  Governor's  opinion  con- 
cerning the  proper  mode  of  settling  that  controversy,  concerning  the  hear- 
ing at  the  Board  of  Trade  on  the  act  for  submitting  it  to  the  King's  de- 
cision, be  writes,  "  their  Lordships  declare  that  they  look  upon  the  said 
acta  as  waste  paper,  and  that  the  settlement  of  tbe  line  in  dispute  can  no 
otherwise  be  made  than  by  Commissioners  from  the  Crown. — Again,  2nd 
June: — "I  now  find  that  their  Lordships  have  agreed  in  a  Report  against 
the  act  as  ineffectual  to  the  purposes  for  which  it  was  intended,  and  that  it 
will  be  in  vain  to  oppose  the  Report  in  Council." — And  he  importunes  tbe 
House  to  provide  for  the  expense  of  a  commisaioo,  as  he  had  often  before. 
for  names  to  be  prepared  for  coounission.        >     ■■•■ 


i; 


M 

p.! 

m 


i 


■    'f  WHIIIWUMWII 


II 


214  [Chap.  IV. 

At  the  close  ol"  this  meeting,  Mr.  Richard,  Mr.  Wal- 
ton, Mr.  Cruger,  and  Mr.  Watts,  all  members  for  the 
capital,  were  joined  to  the  speaker  at  his  request  of 
aid  for  managing  thfe  future  correspondence  with  the 
agent. 

The  account  of  the  death  and  defeat  of  General 
Braddock  on  the  ninth  of  July,  reached  us  on  the 
tenth  day  after,  and  gave  a  shock  more  easily  con- 
ceived than  described. 

Common  sense  suggested,  that  as  the  attempt 
against  Fort  Du  Quesne  was  thus  become  abortive, 
reinforcements  were  necessary  to  give  success  to  the 
two  other  enterprises  against  Niagara  and  Crown 
Point ;  and  especially  to  the  former :  yet  when  the 
Assembly  met  on  the  twenty-second  of  July,  Mr. 
Delance^  adjourned  them  to  the  fifth  of  August,  ani 
then  delivered  a  speech  for  fresh  levies  of  men  m 
such  animated  terms,  as  increased  the  astonishment 
at  his  silence  a  fortnight  before,  .ind  how  he  could 
then  think  it  for  his  Majesty's  service  that  the  mem- 
bers should  be  dismissed,  and  now  utter  himself  that 
"the  safety  and  being  of  the  British  colonies  are 
near  a  crisis.  Nothing  will  lend  more  to  animate 
our  troops,  than  our  proceeding  immediately  to  raise 
an  additional  number  of  men  to  join  iSiem,  nor  can 
any  thing  be  more  effectual  to  confirm  our  Indians  in 
their  dependence  on  us,  than  to  show  them  we  have 
strength  sufficient  to  protect  them,  to  defend  our- 
selves, and  to  chastise  our  enemies.  Let  it  be  ex- 
erted with  the  utmost  vigor.  As  the  provincial  troops 
are  already,on  their  march,  any  assistance  we  give 
them  must  be  sent  without  the  least  delay ;  and  there- 
fore if  a  sufficient  number  of  volunteers  do  not  offer, 
it  is  necessary  drafls  should  be  made,  and  the  suc- 
cours be  despatched  with  all  speed.  I  recommend 
it  to  you  to  provide  funds.  I  have  thought  of  three, 
a  poll  tax  of  ten  shillings  or  more  on  every  slave  from 
fifteen  to  fifty,  an  excise  upon  tea,  and  a  stamp  duty. 
If  they  are  insufficient,  make  an  addition  to  the  tax 
on  estates  real  and  personal." 


-yAmm, 


[Chap.  IV. 

ird,  Mr.  Wal- 
tnbers  for  the 
his  request  ol" 
Biice  with  the 

it  of  General 
ed  us  on  the 
:e  easily  con- 

the   attempt 
om*-  abortive, 
success  to  the 
a  and  Crown 
yet  when  the 
of  July,  Mr. 
if  August,  and 
ies  of  men  iin 
I  astonishment 
how  he  could 
that  the  mem- 
ber himself  that 
colonies  arc 
re  to  animate 
lialely  to  raise 
ihem,  nor  can 
our  Indians  in 
them  we  have 
o  defend  our- 
Let  it  be  ex- 
irovinciat  troops 
ance  we  give 
ly ;  and  there- 
's do  not  offer, 
and  the  suc- 
I  recommend 
)ught  of  three, 
ery  slave  from 
a  stamp  duty, 
ion  to  the  tax 


17. ')•>.] 


21  it 


I 


Lieutenant  Governor  Fhipps,  of  the  Massachusetts 
Bay,  had  before  urged  an  augmentation  of  the  army 
destined  to  Crown  Point,  and  his  letter  was  now 
communicated  to  the  Assembly,  and  led  to  the  real 
object  of  the  message ;  for  the  House  instantly  signi- 
fied their  concurrence  for  the  reinforcement  of  that 
body,  and  a  bill  was  brought  in  for  a  new  emission  of 
ten  thousand  pounds  to  defray  the  expense,  which 
was  sent  up  to  the  Council  on  the  ]2tn  of  August. 
Objections  were  now  immediately  started  to  it,  and 
amendments  proposed.     Four  hundred  men  were  to 
be  raised,  at  fifteen-pence  a  day.     If  volunteers  did 
not  offer,  the  quotas  in  all  the  counties,  except  New- 
York,  were  to  be  drafted  by  ballot ;  but  in  that,  the 
Captains  had  authority  to  pick  out  the  individuals. 
Nothing  could  be  more  essential ;  and  it  was  imputed 
to  design,  to  gratify  private  revenge,  excited  by  the 
opposition  to  the  College  as  well  as  to  influence  at 
the  new  elections,  which  every  body  imagined  would 
take  place  as  usual  on  the  arrival  of  the  new  Gover- 
nor.   The  Lieutenant  Governor,  who  had  set  his 
heart  upon  the  bill,  intruded  upon  the  Council  the 
day  it  came  up,  and  pressed  their  assent  with  an  in- 
decent freedom.     The  intended  amendments  could 
not  have  been  rejected,  without  exposing  the  Lower 
House  to  the  resentment  of  the  people;  and  the 
Council,  confident  of  success,  resisted  the  Lieutenant 
Governor's  importunity,  and  resolved  to  send  them 
down.     But,  determined  that  the  bill  should  pass  as  it 
stood,  cr  be  lost,  he  immediately  published  the  secret 
which  Mr.  Shirley  had  incautiously  trusted  to  him,  and 
which  the  Council  had  engaged  not  to  divulge  before 
their  amendments  were  adopted ;  and  that  v«ry  after- 
noon sent  the  GeneraFs  letter  to  the  Hoirfle,  of  the 
7th  of  that  month,  informing  him  that  he  had  ordered 
Colonel  Dunbar,  who  commanded  the  twelve  hun- 
dred regulars  that  escaped  on  Braddock's  defeat,  to 
march  immediately  to  Albany;  and  from  that  mo- 
ment the  augmentation  of  the  provincial  forces  gave 
place  to  a  vote  for  refreshing  and  transporting  the 
regular  troops;  and  two  days  after,  the  Assembly 


I 


"-r  11  .  «.  I 


'^^^  [Chap.  rV. 

wa8  adjoinnei!  to  tlie  2iJth  of  that  montli,  and  al'ter- 
wards  to  the  l«t  of  .September. 

But  to  guard  against  any  disadvantageous  impres- 
sions in  England,  care  was  taken  to  despatch  a  h?tter, 
on  the  12th  of  August,  to  the  agent,  which,  after  men- 
tioning Bjjaddock's  defeat,  the  loss  of  eight  or  nine 
hundred  men.  and  the  artillery  and  baggage,  ^'/or 
want  only  9/ a  little  caution:'  it  adds :  "  What  steps  the 
.southern  colonies  will  take  in  this  juncture,  I  know 
not.    As  for  us,  we  can  give  no  assistance,  being  en- 
gaged in  an  expedition  against  Crown  Point ;  and 
this  disaster  of  General  Braddock's,  has  laid  us  under 
a  necessity  of  reinforcing  our  troops  on  that  expedi- 
tion, at  the  expense  of  ten  thousand  pounds  more. 
Mr.  Shirley  is  gone  to  Oswego,  with  about  three  thou- 
sand men,  to  endeavor  to  seize  Niagara,  and  inter- 
rupt the  communication  between  Canada  and  the 
Ohio,  through  the  Lake  Ontario ;  but  its  success  may 
now  justly  be  doubted,  as  the  French  will  be  able, 
from  the  forces  on  the  Ohio,  to  strengthen  Niagara. 
In  this  disjointed  state  of  our  colonies,  I  fear  we  shall 
never  be  able  to  do  any  thing  to  effect.  If  the  govern- 
ment at  home  will  form  us  into  an  union,  (for  here  I 
fear  it  never  will  be  done,*)  I  make  no  doubt,  but  by 
a  little  assistance  from  Great  Britain,  in  money,  ship- 
ping,  and  warlike  stores,  we  shall  be  able  to  drive 
this  restless,  treacherous,  and  savage  enemy,  from  this 
continent/'    . 


*0n  the  15th  of  this  very  month  of  Augu.t,  Mr.  Charles  compluned 
that  no  copy  of  the  Albany  plan  of  last  year  had  even  then  been  transmit- 
ted  to  him.  .The  answer  to  this  letter,  of  4th  November,  perhaps  assigns 
the  reason.  |(|  The  plan  of  union  concerted  at  Albany,  and  sent  home  last 
year  to  be  enforced  by  Parliament,  we  might  object  to;  but  a  union  ap- 
pears so  absolutely  necessary,  that  we  shall  throw  no  obstacles  in  ite  wm- 
As  to  the  funds  you  hmt  at  for  American  affaim,  to  wit.  a  stamp  duty,  and 
a  duty  on  foreign  molasses,  we  conceive  it  will  be  best  for  each  colony  to 
be  left  at  liberty  for  raising  and  supplying  their  quota  of  money  for  gene- 
ral service,  in  such  manner  as  they  shall  find  will  be  most  tor  their  ease, 
Uiougb  we  have  no  objection  tc  a  duty  of  a  penny  sterling  per  gallon  on 
foreign  molasses,  to  be  collected  in  each  province,  and  applied  towards 
making  up  the  quota  of  each  province,  wl.  ro  collected  for  the  general  use 
<>t  America ;  but  a  stamp  doty  ire  apprefaeuu  would  be  burdensome." 


I 


IM1»      ■     I 


[Chap.  (V. 

ll),  and  aCtei- 

(Tcous  impreB- 
patch  a  leUer, 
ch,  after  men- 
eight  or  nine 
baggage,  ^'for 
Vhat  8tep8  the 
iclurc,  I  know 
nee,  being  en- 
n\  Point;  and 
3  laid  us  under 
)\\  that  expedi- 
pounds  more, 
out  three  thou- 
ara,  and  inter- 
inada  and  the 
its  8UCceBS  may 
:h  will  be  able, 
gthen  Niagara. 
.  I  fear  we  shall 
If  the  govern- 
on,  (for  here  I 
doubt,  but  by 
n  money,  ship- 
able  to  drive 
emy,  from  this 


1736.J 


217 


Whether  this  letter  was  or  wat>  not  despatched 
before  Mr.  Shirley^s  letter  on  that  day  as  commu- 
nicated to  the  House,  there  certainly  was  art  in  leav- 
ing the  agent  to  make  n  use  of  it,  for  the  credit  of  a 
colony  that  neither  contributed  this  reinforcement  it 
boasts  of,  either  to  the  western  or  northern  expedi- 
tions of  the  year. 

But  a  very  different  spirit  prevailed  in  the  eastern 
colonies;  for,  upon  the  southern  defeat,  Massachu- 
setts added  eignt  hundred  and  Connecticut  6fteen 
hundred  meiilb  the  forces  already  under  Gen.  John* 
son's  command ;  and  this  compelled  Mr.  Delancey  to 
defer  any  further  adjournments.  When  he  met  the 
Assembly  again,  he  counterfeited  the  highest  appro- 
bation of  the  zeal  and  vigor  of  our  eastern  neighbors, 
and  ui^ed  the  House  (the  reader,  doubtless,  ima- 
gines) to  increase  their  levies  in  the  same  or  d  greater 
proportion.  But  let  us  take  his  own  words.  "  ]  do 
most  earnestly  recommend  it  to  you  to  take  measures 
suitable  to  this  oecamon.  It  would  be  a  most  sensible 
mortification  to  me  to  find  this  province  backward  in 
bearing  their  share  in  a  matter  so  nearly  touching 
their  honor,  their  interests,  and  perhaps  their  being. 
This  province  has  already  done  much  for  their  security, 
and  contributed  their  full  quota  to  the  first  plan  cf  the 
expedition.  Go  on,  then,  to  accomplish  a  work  al- 
ready begun.  Exert  yourselves  so  as  that  we  may 
appear  with  credit,  and  that  we  may,  by  the  blessing 
of  God,  have  reason  to  expect  a  happy  issue  to  our 
undertakings  in  so  just  and  righteous  a  cause." 


I  Charles  complained 

J  then  been  transmit- 

Iber,  perhaps  assigns 

V  and  sent  home  last 

I  to;  but  a  union  ap- 

|obstacles  in  its  vrqr. 

,1.  a  stamp  duty,  and 

^t  for  each  colony  to 

,  of  money  for  gene- 

i  most  tor  their  ease, 

lerling  per  gallon  on 

lind  applied  towards 

for  the  general  use 

I  burdeniiome." 


CHAPTER  V. 

From  the  time  of  Lieutenant  Governor  Delaneey's  ceasir,^  to 
administer  the  government,  to  the  arrival  of  Sir  Charles 
Hardy  as  Governor. 

Sir  Charles  Hardy  arrived  on  the  2d  of  Septem- 
ber, in  the  Sphynx  ship  of  war,  within  a  few  hours 

28 


■^"•^•"••■■•r— 


218 


[Chap.  V. 


after  this  message  was  transmitted  to  the  House ;  but 
by  the  artifice  of  Delancey,  he  was  detained  on  board 
till  the  next  day,*  when  his  commission  was  publish- 
ed with  the  usual  solemnities,  and  followed  by  an 
entertainment,  bonfires,  illuminations,  and  other  ex- 
pression? of  joy. 

Sir  Charles,  whether  self-moved,  or  led  by  the  ad- 
vice of  the  Lieutenant  Governor,  who  had  him  to 
himself  the  whole  preceding  evening  on  board  ship, 
apart  from  the  Council,  repressed  aU  disagreeable 
intimations  for  the  present ;  and  on  tHpfourth,  sent  a 
short  message  to  the  House,  which,  to  those  who  were 
attentive  tq  the  artifices  of  the  day,  portended,  what 
was  soon  after  manifest  to  every  body,  that  he  had 
not  talents  to  govern  without  a  leader.  He  applaud- 
ed Mr.  Delancey^s  last  message,  though  he  certainly 
had  not  time  to  discern  its  true  end  ;  applauded  their 
alacrity  in  raising  supplies;  and  in  a  word,  after  a 
declaration  of  his  hopes  that  they  would  give  some 
further  assistance,  concluded  with  a  compliment  to 
the  Lieutenant  Governor,  leaving  them  to  proceed 
upon  his  request.  «     ; 

The  House,  however,  resolved,  that  it  was  too  late 
in  the  season  to  raise  men  for  the  assistance  of  the 
Crown  Point  army,  but  that  they  would  give  eight 
thousand  pounds  towards  two  thousand  men  then  in 
part  levied  in  Connecticut  for  that  purpose ;  and  im- 
mediately ordered  in  a  bill  to  strike  money  to  that 
amount ;  and  then  presented  the  new  Governor  with 
an  address,  congratulating  him  upon  his  arrival; 
gently  informing  him  of  the  custom  of  new  elections 
at  such  a  juncture;  declaring  their  satisfaction  in  a 
dissolution,  if  he  thought  it  consistent  with  the  King's 


*  The  Council  were  met  to  receive  him,  when  Chief  Justice  Delancey 
obtruded,  and  offered  to  be  the  bearer  of  a  message  to  the  Governor,  that 
the  militia  could  not  be  drawn  up  to  receive  him  till  the  next  day,  and  re- 
questing tfiat  he  would  postpone  his  landing  in  the  interim.  They  tamely 
(lonsented,  instead  of  reproving  him  for  the  intrusion. 


[Chap.  V. 

i  to  the  House ;  but 
i  detained  on  board 
lission  was  publish- 
,nd  followed  by  an 
ions,  and  other  ex- 

1,  or  led  by  the  ad- 
7,  who  had  him  to 
ning  on  board  ship, 
;d  alLdisagreeable 
3n  tlWfourtn,  sent  a 
I,  to  those  who  were 
ly,  portended,  what 
body,  that  he  had 
ader.  He  applaud- 
though  he  certainly 
d ;  applauded  their 
in  a  word,  after  a 
jy  would  give  some 
th  a  compliment  to 
r  them  to  proceed 

that  it  was  too  late 
le  assistance  of  the 
f  would  give  eight 
)usand  men  then  in 
t  purpose ;  and  im- 
Irike  money  to  that 
new  Governor  with 
upon  his  arrival; 
m  of  new  elections 
!ir  satisfaction  in  a 
tent  with  the  King's 


1755.] 


219 


:n  Chief  Justice  Delancey 
sage  to  the  Governor,  that 
n  till  the  next  day,  and  re- 
the  interim.    Tliey  tamely 

iision. 


mterest  and  the  security  of  the  colony ;  apologizing 
at  the  same  time  for  the  tardiness  of  their  compli- 
ments, by  the  importance  of  their  business,  and  an 
attention  to  necessary  speed;  and  concluding  with 
a  testimonial  of  the  upright  intentions  of  his  prede- 
cessor. 

Sir  Charles,  though  he  had  Mr.  Pownal  then  about 
him,  and  from  whom  he  could  be  well  informed  of 
^•f^^^te  of  our  parties,  and  had  himself  been  guard- 
ed by  an  address  communicated  under  cover,  the 
day  after  his  arrival,  by  the  free  pen  of  an  anony- 
mous  writer,  who  had  maintained  a  weekly  paper  for 
a  year  past,  under  the  title  of'  The  Watch-Tower,'— 
thanked  thern  for  their  congratulations;  expressed 
his  pleasure  in  their  professions  of  loyalty ;  promised 
an  at  ention  to  the  public  weal ;  took  encouragement 
Irom  their  applause  of  a  Governor  who  regarded  the 
Kings  service  and  tlietprosperity  of  the  colony; 
thought  their  willingness  to  appeal  to  the  people,  a 
proof  of  their  consciousness  of  their  own  rectitude 
and  applauded  their  despatch  in  the  business  betbre 
them. 

.i^^tiH  "*!*  ®^*^^^  ™°"^'*'  the  Gov^nor  passed 
the  bill  for  eight  thousand  pounds  ttTConnecticut, 
with  another,  which  also  originated  in  the  Lower 
House,  and  three  others  which  took  their  rise  in  the 
Council ;  and  then  put  an  end  to  the  session. 

Nothing  was  known,  till  the  day  after,  of  the  attack 
upon  the  provincial  camp  at  Lake  George,  and  the 
repulse  of  the  French,  and  the  capture  of  Baron 
Dierhau  their  General.  Upon  the  first  news  of  that 
action,  which  happened  on  Monday,  the  «th  of  Sep- 
tember, Sir  Charles  determined  to  visit  Albany,  and 
forward  the  Connecticut  reinforcements.  He  took 
with  him  the  Lieutenant  Governor,  Mr.  Horsmanden, 
and  Major  Rutherford  of  the  Council,  with  Mr.  Pow- 
nal, and  sailed  on  Sunday  the  14th.  Gen.  Johnson, 
who  left  Albany  with  the  artillery  on  the  8th  of  Au- 
gust, had  arrived  at  the  south  end  of  l^ake  George 
but  a  kw  days  before  the  French  army  appeared. 


I' 
|f 
If 

I' 


^20  [Chap.V. 

and  had  only  felled  a  lew  trees  on  the  land  side  ol' 
his  camp. 

The  Baron  had  collected  about  three  thousand 
men  at  Crown  Point,  and  led  a  detachment  of  two 
hundred   regulars,  six  hundred  Canadians  and  as 
many  Indians,  up  the  South  Bay,  intending  to  pass  on 
and  \a^  waate  the  settlements  down  to  All  -^ny ;  but 
near  t  ort  Edward,  turned  back,  with  hop^s  of  cut- 
ting off  that  part  of  the  army  then  fourteen  miles 
higher  up  thf  lake.     He  was  first  met  by  a  party  of 
about  one  thousand  men,  a  few  miles  from  our  camp. 
These  he  drove  before  him,  as  well  as  a  second  de- 
tachment sent  out  to  support  them ;  and  by  a  very 
great  error,  instead  of  storming  the  log  breastwork, 
e  halted,  and  scattered  bis  irregulars  at  one  hun- 
dred and  fifty  yards,  kept  up  a  fire  of  musquetry  till 
the  camp  recovered  from  its  surprise,  and  began  to 
play  upon  them  with  artilldly.* 

Wounded,  and  deserted  by  all  but  his  handful  of 
regulars,  he  thought  of  nothing  now  but  returning  to 
his  boats  at  South  Bay,  but  was  pursued,  wounded 
gam  and  taken.  A  detachment  of  two  hundred  men 
from  Fort  Edward  arriving  at  this  instant,  pursued 
the  flying  army,  and  completed  the  repulse  before  the 
dusk  ol  the  evening.  Sir  William  Johnson  receiving 
very  early  a  wound  in  the  thigh,  the  defence  was  con- 
ducted by  General  Lyman  of  Connecticut.  The  loss 
of  the  enemy,  though  much  magnified  at  that  time, 
was  afterwards  found  to  be  less  than  two  hundred 
men.  Our  Indians  bore  no  part  in  the  conflict,  and 
soon  alter  made  the  circuit  of  Albany,  in  their  return 
to  their  own  castles  on  the  Mohawk  river.  All  the 
Crown  Pomt  expedition  ended  in  the  construction  of 
another  fort,  distinguished  by  the  name  of  William 
Henry,  while  the  French  were  erecting  another  at 
the  pass  of  Carillon,  or  Ticonderoga.* 


w«11?*  ^S?"  '""^  '"  '>"«ri|»t«w  of  •  point  at  the  confluence  of  three 
watew.  TWn  »  a  corruption.  To  preMrre  the  lodisD  praannciRtioD,  it 
should  hare  been  irntten  lyeondtnge.  ^^  rt^uwimma,  it 


n. 


[Chap.  V 

t  land  side  of 

irce  thousand 
hment  of  two 
idians  and  as 
ing  to  pass  on 
>  All  -^ny ;  but 

hopes  of  cut- 
fourteen  miles 
t  by  a  party  of 
rem  our  camp. 
s  a  second  dc- 
and  by  a  very 
og  breastwork, 
,rs  at  one  bun- 

musqtietry  till 
,  and  Degan  to 

t  his  handful  of 
)ut  returning  to 
sued,  wounded 
o  hundred  men 
istant,  pursued 
lulse  before  the 
nson  receiving 
jfence  was  con- 
[ticut.  The  loss 
id  at  that  time, 
.  two  hundred 
le  conflict,  and 
hi  their  return 
river.     All  the 
[construction  of 
le  of  William 
ing  another  at 


17J5.J 


221 


The  Niagara  expedition  was  still  more  unsuccess- 
ful. Nothing  was  effected  except  the  preservation  of 
Oswego,  where  General  Shirley  arrived  on  the  21st 
of  August.  After  building  the  vessels,  the  want  of 
provisions  at  that  distant  port  retarded  the  army  till 
the  inland  sea  of  Ontario,  which  they  were  to  navi- 
gate, became  too  boisterous  for  a  safe  transportation 
of  the  troops ;  and  the  General,  having  constructed 
a  new  fort,  and  made  dispositions  for  the  safety  of 
that  post,  retired  on  the  24th  of  Octobnr,  taking  his 
route  to  Albany,  where  Colonel  Dunbic  had  just 
brought  the  remains  of  Braddock's  nrmv  to  be  win- 
tered,* and  thence  to  New-York,  to  u  congress  of 
Governors  and  principal  officers  of  the  army,  to  con- 
cert a  plan  of  operations  for  the  ensuing  year. 

The  night  of  Tuesday  the  18th  o^  November,  was 
rendered  memorable  by  an  earthquake.  The  moon 
was  at  the  full,  the  sky  bright  and  perfectly  calm. 
About  two  minutes  after  four  in  the  morning,  a  rum- 
bling noise  was  succeeded  by  jarring  vibrations  for 
four  or  five  minutes.  The  shocks  appeared  to  be  not 
undulatory,  but  horizontal.  *.  The  house  the  author 
was  in  cracked,  and  the  windows  rattled,,  but  no  fis- 
sure was  made  in  the  walls,  nor  did  a  brick  fall  from 
the  chimneys. 

The  Speaker^s,  or  rather  the  committee's  letter  of 
the  4th  of  November,  under  his  signature,  to  the 
agent,  after  mentioning  General  Johnson's  army,  ob- 
served, that  ^they  had  got  no  farther  than  Lake 
Geoi^e,  and  I  greatlv  fear  will  not  reach  Crown  Point 
this  winter.  The  French,  it  seems,  impatient  of  our 
delays  met  our  forces  at  that  lake,  on  the  8th  of  Sep- 
tember, and  endeavored  to  storm  their  camp,  but 
were  repulsed  with  considerable  loss.  Their  chief 
commander,  with  many  others,  were  taken  prisoners, 
and  their  next,  with  six  or  Hcven  hundred  men,  were 
killed  upon  the  spot.    Why  this  victory  was  not  pur- 


m 


€ 


\  confluence  of  tbrae 
k  preaoBciatioD,  it 


*  Thej  puied  by  the  metropolis  in  thirty-three  traasportt  from  New- 
Jenejr,  bat  not  before  the  8th  of  October. 


'J22 


[Chap.  V. 


i  'i 


sued,  and  a  proper  advantage  made  of  it,  I  cannot  as 
yet  account  for."  After  reporting,  that  the  second 
in  command  was  at  the  defeat  of  Braddock,  he  adds 
— «  Surprising  diHgence  on  that  side ! — but  what  term 
to  give  it  on  the  other,  1  am  at  a  loss.  As  to  Gover- 
nor Shirley,  he  is  returning  without  proceeding  fur- 
ther than  Oswego.  What  retarded  his  operations,  I 
cannot  yet  learn.  Sir  Charles  Hardy,  our  Governor, 
arrived  here  on  the  second  of  September,  and  was 
joyfully  received  by  our  Lieutenant  Governor  and  oui* 
province.  On  the  first  news  of  the  action  at  Lake 
George,  he  immediately  went  to  Albany,  with  our 
Lieutenant  Governor,  and  several  of  his  Majesty's  Coun- 
cil of  this  province;  from  whence  he  is  not  jret  return- 
ed, though  hourly  expected,  and  where,  it  is  said,  he 
has  been  remarkably  assiduous  in  forwarding  every 
thing  relating  to  tlic  expedition.  We  as  yet  know 
nothing  of  his  instructions.'' 

Sir  Charles  did  not  return  to  New-York  before  the 
26th  of  November,  nor  General  Shirley  until  the  2d 
of  December ;  the  former,  on  that  day  to  meet  his 
Assembly,  and  the  latter,  shortly  afterwards,  the 
congress  he  had  convoked. 

Sir  Charles  was  now  obliged  to  reveal  the  disa- 
greeable orders  he  had  received,  upon  the  long-con- 
tested quarrel  respecting  the  annual  support  of  the 
civil  list.  The  moment  it  was  divulged,  there  remain- 
ed no  further  doubt  of  the  truth  of  the  reports  from 
Albany,  that  there  had  been  bickerings  between  him 
and  General  Shirley,  and  that  Mr.  Delancey  swayed 
the  councils  of  the  new  Governor.  With  an  Assem- 
bly at  the  beck  of  the  Lieutenant  Governor,  he  saw 
the  propriety  of  surrendering  himself  into  his  hands, 
or  of  entering  mto  a  quarrel,  which,  considering  the 
exig«;ncy  of  the  hour,  endangered  both  his  credit  and 
his  interest. 

He  told  them  plainly,  that  he  was  commanded  to 
insist  upon  a  permanent,  indefinite  revenue ;  provid- 
ing in  the  same  law,  competent  salaries  for  all  the 
usual  officers  of  government,  repairing  and  maintain- 
ing fortifications,  annual  presents  to  the  Indians,  and 


[Chap.  V. 

it,  I  cannot  as 
,t  the  second 
lock,  he  adds 
but  what  term 
As  to  Gover- 
•oceeding  fur- 
i  operations,  I 
our  Governor, 
aber,  and  was 
vernor  and  our 
iction  at  Lake 
)any,  with  our 
lajesty'sCoun- 
notyetreturn- 
e,  it  is  said,  he 
warding  every 
e  as  yet  know 

^  ork  before  the 
ley  until  the  2d 
ay  to  meet  his 
ifterwards,  the 

Bveal  the  disa- 
n  the  long-con- 
support  of  the 
,  there  remain- 
le  reports  from 
rs  between  him 
iancey  swayed 
Vith  an  Assem- 
»verncr,  he  saw 
into  his  hands, 
lonsidering  the 
his  credit  and 

jommanded  to 
irenue;  provid- 
ries  for  all  the 
and  maintain- 
le  Indians,  and 


1755.] 


223 


for  unforeseen  contingents  attending  that  service,  and 
in  general,  for  all  the  fixed  and  ascertainable  charges 
of  government:  after  which,  he  demanded  their 
quota  towards  the  garrisons  of  forts  Edward  and  Wil- 
liam Henry,  and  for  a  discharge  of  the  arrears  that 
were  due  to  the  troops  in  their  pay. 

The  scheme  concerted,  was  to  tack  the  provision 
wanted  with  the  payment,  not  only  of  what  was  due 
to  the  army,  but  to  the  officers  of  government,  who, 
in  consequence  of  the  thirty-ninth  instruction,  were 
hitherto  unpaid,  and  thus  to  create  a  still  greater  de- 
pendence of  the  Executive  upon  the  pleasure  of  the 
Assembly,  who  now  meant  to  adopt  the  practice  of 
paying  the  officers  after  the  year,  as  public  creditors, 
instead  of  securing  the  payment  for  services  hereaf- 
ter to  be  done. 

The  Assembly,  in  their  answer,  declare,  that  his 
activity  in  proceeding  to  Albany,  and  forwarding  the 
Crown  Point  expedition,  merited  the  highest  ap- 
plause; and  that  the  erecting  and  garrisoning  the 
two  northern  forts,  (for  not  a  word  is  lisped  concern- 
ing Oswego,)  were  ^'wholesome  and  well-judged 
measures."  After  which  they  proceed  to  the  grand 
subject  of  debate,  and  warily  reply,  that  they  had  no 
convenient  funds  for  an  indefinite  support,  and  there- 
fore hoped  to  be  excused  for  dechning  a  measure 
opposite  to  the  sentiments  of  almost  every  individual 
of  the  colony.  They  added,  that  they  could  not  help 
disclosing  their  concern,  that  a  province  so  small  in 
numbers,  and  so  cheerful  and  liberal  in  supporting 
the  government,  was  asked  to  do  what  others  were 
not;  and  concluded  with  testifying  great  gratitude 
to  the  Crown  for  its  eminent  favors. 

The  Governor  replied,  that  "  his  Majesty  having 
constituted  this  his  province  into  a  government,  justly 
expected  a  support  of  that  government  by  a  perma- 
nent revenue,  settled  by  a  law,  that  shall  be  indefi- 
nite; and  as  to  the  funds  or  means  of  raising  that 
support,  it  lies  with  you,  whom  I  am  extremely  happy 
to  find  sensible  of,  and  so  gratefully  acknowledging:, 
his  Majesty's  paternal  care  and  favor." 


1p 


^24  [Chap.V. 

The  House  continued  silting  until  the  23d  of  that 
month ;  and  then,  after  passing  several  laws,  adjourn- 
ed, without  discord,  till  the  holidays  were  over.  The 
Assembly  sought  no  occasion  for  controversy,  while 
the  Governor  on  his  part  soothed  them  with  hints  of 
his  disapprobation  of  the  orders  he  had  delivered 
from  his  master,  and  with  intimations  of  his  unwilling- 
ness to  take  umbrage  at  their  non*compliance. 

By  this  conduct,  and  the  help  of  the  prevailing 
party,  he  grew  popular,  while  the  General  of  the 
arm?,  by  the  acts  of  the  same  junto,  was  defamed. 

Mk.  Shirley  continued  his  head-quarters  at  New- 
York  till  the  2l8t  of  January,  when  he  set  forward  to 
Boston,  to  accelerate  a  winter  expedition  against 
Ticonderoga,  which  he  had  planned  after  his  main 
scheme  for  the  operations  of  the  next  campaign  was 
adjusted ;  and  Major  Rutherford  and  Captain  Staats 
Morris  were  despatched  with  copies  of  it  to  the 
minister.  * 

This  Congress  opened  on  the  12th  of  December, 
and  consisted  of  the  General,  Sir  Charles  JIardy, 
Lieutenant  Governor  Sharp  of  Maryland,  Mr.  Moms 
of  Pennsylvania,  Mr.  Fitch  of  Connecticut,  Colonel 
Dunbar^  Colonel  Peter  Schuyler,  Major  Craven,  Sir 
John  St.  Clair,  and  Majot*  Rutherford. 

It  soon  transpired,  that  the  General  intended  to 
drive  the  French  from  Frontenac  and  Toronto,  two 
forts  on  the  north  side  of  Lake  Ontario,  gain  a  domi- 
nion of  that  sea,  and  cut  off  the  communication  be- 
tween Canada  and  the  interior  dependencies  at  Nia- 
gara, Fort  Du  Quesne,  Detroit,  Michillimackinac,  and 
the  posts  on  the  waters  of  the  Mississippi.  By  whom 
the  resolutions  of  the  council  of  war  were  first  divulg- 
ed, was  never  discovered ;  but  very  soon  after  the 
Governors  were  gone  home,  one  Evans,  the  author  of 
a  map  of  the  middle  colonies,  in  print  asserted  the 
title  of  France  to  the  very  country  proposed  to  be 
invaded;  and  every  body  knew  that  this  man  was 
patronized  by  Mr.  Pownal  and  the  partisans  of  Mr. 
Delaucey.  These  gentlemen,  as  Lieutenant  Gover- 
nors, the  former  of  New-Jersey,  and  the  other  of 


[Chap.  V. 

e  23d  of  that 
aws,  adjoum- 
Tcover.  The 
overey,  while 
1  with  hints  of 
lad  delivered 
his  unwilUng- 
pliance. 
he  prevailing 
eneral  of  the 
AS  defamed, 
irters  at  New- 
set  forward  to 
dition  against 
after  his  main 
campaign  was 
Captain  Staats 
3  of  it  to  the 

of  December, 
harles  Hardy, 
nd,  Mr.  Moms 
sticut,  Colonel 
or  Craven,  Sir 

\\  intended  to 
Toronto,  two 
0,  gain  a  domi- 
nunication  be- 
lencies  at  Nia- 
mackinac,  and 
ppi.  By  whom 
re  first  divulg- 
loon  after  the 
the  author  of 
asserted  the 
roposed  to  be 
this  man  was 
artisans  of  Mr. 
itenant  Gover- 
the  other  of 


1755.] 


225 


New-York,  were  piqued  at  not  being  invited  to  assist 
at  the  grand  deliber'-*'ons  of  the  day,  and  took  all 
opportunities  to  revenge  the  General's  resontmeut  of 
their  intrigues,  when  at  A!'"^ny — to  sow  discord  be- 
tween him  and  Sir  Charles  ardy — undervaluing  his 
services  on  the  western  expedition,  and  magnifying 
General  Johnson's  defence  at  Lake  George,  of  which 
they  had  before  spoken  slightly,  as  the  achievement 
of  a  hero  and  the  saviour  of  his  country.  And  thus 
the  man,  who,  when  first  noticed  by  Mr.  Clinton,  was 
treated  with  contempt  for  adhering  to  that  Governor, 
could  nyjt  obtain  the  payment  of  a  just  debt  often  de- 
manded from  the  Assembly,  was  of  a  sudden  intro- 
duced into  the  capital  with  the  pcmp  of  a  triumph. 
A  crowd  went  out  to  meet  him,  when  he  made  his 
entry,  surrounded  with  coaches  and  chariots,  into  a 
city  illuminated  to  his  honor,  though  the  General, 
whose  interest  he  came  to  solicit  for  the  next  year's 
command,  had  a  few  days  before  arrived  from  Alba- 
ny, and  landed  almost  without  observation. 

Before  Mr.  Shirley  left  New-York,  he  proposed  a 
winter  expedition  to  surprise  and  seize  the  post  of 
Ticonderoga,  and  Sir  Charles  communicated  the  se- 
cret to  his  Assembly  on  the  10th  of  January,  1756, 
and  besought  them  for  their  contributions. 

The  House,  after  three  days,  declared  it  to  be  a 
hopeless  project,  unless  the  General  would,  instead 
of  two,  send  four  hundred  regulars  along  with  the 
provincial  troops,  and  muttered  their  discontent  ut 
the  proportion  to  be  supplied  by  the  Massachusetts 
Bay.  The  General,  through  Sir  Charles,  informed 
them  that  all  the  troops  under  Colonel  Dunbar  and 
Lieutenant  Colonel  Gage,  amounted  to  but  six  hun- 
dred, and  that  so  many  as  they  wished  for  could  not 
be  spared,  without  reversing  the  plan  jnst  settled  in 
the  general  congress  for  the  ensuing  campaign.  The 
Assembly  adhered  to  their  first  opinion ;  and  the  Ge- 
neral, a  few  days  after,  proceeded  to  Boston,  in  order 
to  excite  the  eastern  colonies  to  prosecute  the  enter- 
prise without  the  aid  of  New- York,  and  to  forward 
the  preparations  for  the  general  services  of  the  year. 

29 


^•# 


m 

,  1  n 


I 


226 


[Chap.  V. 


Powiml  returnei'  to  England  soon  after  Mr.  Shirley 
went  to  Boston,  and  Sir  Charles  was  now  left  alone. 

Before  the  Governor  arrived,  it  was  reported  by 
Povvnal,  and  believed,  because  his  brother  was  Se- 
cretary to  the  Board  of  Trade,  and  a  necessary  in- 
Btrumenf  to  the  Earl  of  Halifax,  who  presided  there, 
that  a  new  commission,  durante  bene  placito,  would  be 
sent  out  to  the  Chief  Justice,  that  he  might,  if  he  took 
it  up,  henceforth  be  en  bride.  Being  at  Albany  in 
October  Term,  the  multitude  remained  in  suspence 
concerning  the  part  he  was  to  act,  till  the  next  Court 
in  January  was  opened. 

Mr.  Delancey,  from  the  death  of  Sir  Danvers  Os- 
born,  asserted  his  title  in  all  companies,  nor  did 
he  omit  his  attendances  at  any  of  the  jovial  feasts  and 
conventions  of  the  profession  of  the  law.  His  parti- 
Bans  at  the  Bar  had  tested  the  writs  in  his  name  to 
countenance  his  pretensions,  while  others  inserted 
the  names  of  the  puisne  Judges,  without  his,  and  some 
those  of  all  three.  The  puisne  Jqdges  uttered  pub- 
licly not  a  syllable  upon  the  subject,  though  thev 
held  their  places  during  good  behaviour,  through 
dread  of  his  power  over  the  Assembly,  by  whom  they 
were  supported,  though  they  had  privately  declared 
that  his  commission  was  extinct.  They  waited  to  see 
what  part  the  Governor  meant  to  take,  imagining  he 
would  offer  Mr.  Delancey  a  new  commission,  and  if 
he  did  not,  meant  to  be  silent — judging  then  he  must 
have  resigned  himself  to  the  demagogues,  for  the 
easier  management  of  the  Assembly. 

The  Court  opened  during  the  moment  of  suspence, 
on  the  20th  of  January ;  and  the  hall  being  much 
crowded,  the  Lieutenant  Governor  made  his  appear- 
ance, struggling  through  the  populace  to  advance  to- 
wards the  Bench.  As  the  Sheriff*'8  officers  called 
upon  the  crowd  to  give  way,  he"  stepped  forward, 
with  a  countenance  of  anxiety  and  confusion,  until 
Chambers  and  Horsmanden,  the  puisne  Judges,  took 
him  by  the  hand  with  a  cringing  courtesy,  and  placed 
him  between  them  on  the  Bench,  where  he  continu- 
ed till  two  prisoners,  one  charged  for  a  murder  and 


L 


[Chap.  V. 

after  Mr.  Shirley 
now  left  alone, 
was  reported  by 
\  brother  was  Se- 
1  a  necessary  in- 

0  presided  there, 
placito,  would  be 
;  might,  if  he  took 
ing  at  Albany  in 
lined  in  suspence 
ill  the  next  Court 

'  Sir  Danvers  Os- 
npanies,  nor  did 
ejovial  feasts  and 
e  law.  His  parti- 
its  in  his  name  to 
3  others  inserted 
tout  his,  and  some 
iges  uttered  pub- 
lect,  though  they 
ihaviour,  through 
•ly,  by  whom  they 
rivately  declared 
hey  waited  to  see 
ike,  imagining  he 
)mmis8ion,  and  if 
;ing  then  he  must 
tagogues,  for  the 

ment  of  suspence, 
hall  being  much 
made  his  appear- 
ce  to  advance  to- 
''s  officers  called 
stepped  forward, 

1  confusion,  until 
lisne  Judges,  took 
irtesy,  and  placed 
<rhere  he  continu- 
for  a  murder  and 


the  Bar""*^  ^'""  ^  ^''^^^'  ''''"'^  arraigned  and  taken  from 
His  dominion  over  the  Governor  ,6  no  longer 
doubted  by  most  men  though  it  was  still  whispered 
by  a  few  that  Sir  Charles  took  this  conduct  for  a 
bold  attack  upon  the  prerogative :  but  this  continued 
only  until  the  4th  of  February. 

«  Jn  ^*  r7  '^•'''  appointed  for  arguing  a  demurrer  (o 

a  bill  in  Chancery  before  the  Governor.  The  author 

llnlT^  «/ the  counsel  in  that  cause,  and  they  waited 

ong  or  the  Chancellors  appearance,  not  suspecting 

hi  ii  P^' wu-.^'^V  ^^  ^'^  '"*"^  ^a«  the  cause  of 
hj^  absence  While  the  suitors  were  leR  below,  they 
were  invited  into  his  private  apartment,  and  a  con- 

terlf;^  nf%-    rl  *T"«^''t«^  it' ««  being  too  charac 
teristic  of  Sir  Charles  to  be  omitted. 

Addressing  himself  to  the  counsel  on  both  sides, 
Mr.  Murray,  Mr.  Smith,  Mr.  Nicoll,  and  the  author 
he  said,  « I  beg  pardon  for  detaining  you,  gentlemen 
Does  this  matter  turn  upon  a  point  of"  law  ? 

nnlr"'"'**  i!*  tl  ^  ^'emuirer  to  a  bill,  and  raises  the 
question,  whether  the  complainant's  relief  is  not  to 
be  at  common  law  ? 

Sir  Charles.    I  desired  the  Chief  Justice  to  be  here, 

?undtsrnd\hri:w.'  ^^'  '''"^  "p^"  ^^y^^'''^  -^ 
of  •^'ur^:^ce,K:;Lr  ^ "'" '  ^"^  '^  -^  ^  ^--^^ 

Str  Charles  I  have  been  a  Justice  of  the  Peace  in 
England,  but  know  nothing  of  the  law.  My  know- 
ledge, gentlemen,  relates  to  the  sea :  that  is  mv 
sphere.  If  you  want  to  know  when  the  wind  and  tide 
suit  for  going  down  to  Sandy  Hook,  I  can  tell  you 

if  vnnn^'"'^  ^'^^  ^  ^^f^'^i  ^^  ^  '^'P  ^"^^  ^^^  thing 

ot  your  demurrers  m  law  ?  J        s 

Mr.  Smith.   A  Master  of  the  Rolls  is  wanting,  with 
an  appeal  to  the  Governor  and  Council.  ^ 

.u^l,'^    li'^'^T^  '^  ^^« '  •"'*  ^'"  the  Assembly 
support  one  ?    May  I  expect  success  if  I  try  it  ? 


Ill 


-.1. 


"g^jjassg^gr 


228 


[Chap.  V. 


Mr.  Murrai/.  They  don't  love  to  part  with  money ; 
and  all  agree,  that  he  could  not  flatter  himsell' with 
any  libend  provision  for  a  new  otfieer. 

Sir  Charles.  Can't  you  settle  this  matter,  gentle- 
men, among  yourselves  ?  I  am  sure  you  can,  better 
than  I  can  for  you. 

Mr.  Smith.  No,  Sir ;  we  are  at  variance,  and  must 
be  determined  by  your  opinion. 

.Sir  Charles.    Can't  you  leave  it  to  arbitration  ? 

.^U.  Not  without  the  consent  of  our  clients,  and 
that  we  can't  advise. 

Mr.  Delancey  came  in,  to  the  great  joy  of  the  Go- 
vernor, and  the  morning  being  spent,  it  was  proposed 
lO  adjourn  the  hearing  to  another  day.  At  parting. 
Sir  Charles  said,  "  I  beseech  you,  gentlemen,  to  bring 
iliese  kind  of  questions  before  me  as  seldom  as  pos- 
sible. If  yon  ever  dispute  about  a  fact,  1  can  search 
the  depositions,  and  perhaps  tell  who  has  the  best  of 
it:  but  I  know  nothing  of  your  points  of  law."  The 
cause  was  afterwards  debated,  and  a  decree  pro- 
nounced by  Mr.  Delancey,  who  dictated  the  entry  to 
the  Register.  The  Governor,  who  awkwardly  sat  by, 
interfered  only  to  pronounce  an  "  Amen." 

The  Assembly  now  instituted  two  bills  for  the  sup- 
port of  goverimient — one  to  discharge  (he  arrears  of 
the  officers,  tacking  sums  for  other  services,  and  an- 
other providing  or  the  ensuing  year.*  By  the  forpaer, 
Mr.  Delancey  was  to  receive  three  thousand  seven 
hundred  and  eighty-seven  pounds  sixteen  shillings; 
his  brother  Oliver,  about  tour  hundred  pounds ;  the 
agent,  nine  hundred  and  tifty-four  pounds  seventeen 
shillings;  the  Judges,  their  arrears  for  two  years; 
and  the  Governor,  five  hundred  pounds  for  his  voy- 
age to  Albany,  and  two  hundred  pounds  more  under 
the  name  of  expenses  in  transporting  presents  to, 
aiid  victualling  the  Indians  at,  that  place;  and  the 
latter  was  to  operate  as  a  confirmation  of  his  title  to 
the  Chief  Justice's  commission,  by  a  salary  for  the 
current  year.  This  last  was  sent  to  the  Council  on 
the  .JOth  of  January,  and  the  former  followed  fiv€ 
days  after  it. 


L 


[Chap.  V. 

ptwith  money; 
:!r  hiinsell'  with 

• 

matter,  gentle- 
ou  can,  better 

-Ance,  and  must 

irbitration  ? 
ur  clients,  and 

L  joy  of  the  Go- 
it  was  proposed 
y.     At  parting, 
tietnen,  to  bring 
seldom  as  pos- 
ct,  1  can  search 
I  has  the  best  of 
of  law."    The 
a  decree  pro- 
ted  the  entry  to 
kwardly  sat  by, 
len." 

ills  for  the  sup- 

|e  the  arrears  of 

rvices,  and  an- 

By  the  forpaer, 

Ithousand  seven 

|xteen  shillings ; 

d  pounds :  the 

unds  seventeen 

for  two  years; 

)ds  for  his  voy- 

ids  more  under 

ig  presents  to, 

lace ;  and  the 

n  of  his  title  to 

salary  for  the 

the  Council  on 

followed  five 


1756.] 


229 


Possessed  of  these  bills,  the  Council  rojf  ctcd  a 
favorite  tive  pound  act ;  and  the  very  next  diiy,  the 
Assembly  played  off'  their  old  artillery  against  Mr. 
Kennedy,  by  a  message  to  the  Govrrnor  against  the 
seizure  of  the  gunpowder  disputed,  and  still  unde- 
cided, in  the  Admiralty,  and  desiring  him  to  com- 
plain of  that  as  an  injury  to  the  colony,  in  a  repre- 
sentation to  the  Board  of  Trade.  The  Council,  who 
were  stimulated  to  the  rejected  bill,  desired  to  know 
the  state  of  one  of  theirs,  to  prevent  supplies  of  pro- 
visions and  warlike  stores  to  the  French ;  and  were 
answered,  that  conceiving  it  to  be  impracticable  to 
execute  it,  they  declined  any  further  proceedings 
itpon  it.* 

Before  the  debt  bill  and  that  for  the  annual  sup- 
port went  up,  the  Governor  had  requested  the  levy 
of  one  thousand  men  for  the  Crown  Point  expedition, 
and  the  House  voted  to  raise  and  supply  them ;  but 
halting  to  know  the  fate  of  these  bills,  and  doing  lit- 
tle for  several  days,  while  their  party  bills  were  in 
suspence  in  the  Upper  House,  Sir  Charles,  on  the 
16th  of  February,  animadverted  upon  their  delays, 
and  pressed  for  powe.rs  to  detach  the  militia,  if  vo- 
lunteers did  not  ofler.  It  was  three  days  after  that 
before  the  quota  bill  made  its  appearance  in  the 
House ;  and  when  it  had  a  second  reading,  they  de- 
sired leave  to  adjourn  from  week  to  week,  declaring 
that  they  could  not  proceed  further,  till  they  knew 
the  resolution  of  the  other  colonies  concerning  the 
intended  enterprise. 


*  There  lias  never  been  any  proc;iSS  of  outlawry  in  this  colony,  nor  for 
want  of  the  proper  courts  of  law,  as  I  can  learn,  in  any  of  the  resti  and 
yet,  till  the  16th  of  February  in  this  year,  we  had  no  law  to  oblige  a  single 
partner  to  answer  for  a  joint  debt  without  iiis  fellow-contractors.  By  the  act 
now,  be  is  compellable  to  plead  ;  and  if  the  plaintiff  prerails,  he  reccTera 
against  the  company's  lands  and  goods,  but  cannot  have  execution  against 
the  bodies  of  the  absent  partners,  nor  touch  their  separate  estates.  That 
this  novelty  came  into  our  codo  at  so  late  a  day,  and  has  been  since  but 
seldom  practiced  upon,  is  a  proof,  especially  considering  the  scant  limits  of 
the  province,  of  the  narrow  sphere  of  our  commerce,  or  of  the  uprightness 
of  our  merchants. 


TiV 

I 


11 


230  [Clmp.V. 

In  this  siluntion  the  CJovcrnor  withhchl  the  wnr- 
raiits  for  Ivxyui^  (lie  troops ;  ami  being  moved  by  the 
distreswea  on  the  frontiers  of  Ul.stcr  and  Orange,  ra- 
vaged hj  the  IndiunH,  lie  earnestly  demanded*  their 
support  for  a  force  in  conjunction  with  New-Jersey, 
to  give  security  to  those  borders.  To  gain  time,  the 
turn  given  to  this  message,  was  a  resohition  to  pay 
what  may  be  deemed  to  be  our  quota  of  an  army  of 
one  thousand  men,  to  be  raised  by  u^,  New-Jersey, 
and  Pennsylvania,  towards  an  expedition  against  the 
Indians;  and  he  was  desired  lo  concert  what  was 
proper  with  those  governments. 

Sir  Charles,  the  next  day,  repeated  his  inbtanccs 
for  their  despatch  of  what  respected  the  joint  designs 
against  Crown  Point,  and  informed  them,  that  Massa- 
chusetts and  Connecticut  were  levying  men  far  be- 
yond their  proportions,  that  the  service  might  not 
suffer  by  the  d(>fault8  of  any  of  the  southern  provin- 
ces;  and  he  now  insisted  upon  the  augmentation  of 
their  intended  levy  of  one  thousand  men. 

From  f  !•  4th  to  the  16th  of  March,  the  Assembly 
artfully  met  oidy  to  adjourn,  and  then  voted  seven 
hondrod  and  fifteen  men  in  addition  to  the  one  thou- 
sand, but  that  four  hundred  of  these  should  be  em- 
ployed in  an-oflensive  war  against  the  Indians;  and 
ordered  proper  clauses  for  these  purposes  to  be  add- 
ed to  the  bill  which  they  had  so  long  retarded,  under 
pretence  of  waiting  for  the  co-operation  of  the  other 
colonies  respecting  the  Crown  Point  expedition,  and 
which,  by  uniting  the  provision  for  both  objects  in 
one  bill,  was  still  longer  delayed. 

The  cruelties  in  the  mean  time  perpetrated  in 
Orange  and  Ulster,  excited  clamjors  in  that  quarter, 
and  compassion  every  where  else,  and  the  House  was 
censured  by  a  publication  in  the  Gazette,  of  the  15th 
of  March  Doctor  Golden,  who  lived  in  Ulster,  being 
suspected  to  be  the  author,  the  printers  were  sum- 
moned ;  but  the  obnoxious  composition  being  traced 
to  Mr.  VVatliins,  the  wrath  of  the  House  vanished  into 
smoke,  for  he  being  an  Episcopal  clergyman,  and  the 
dissention  running  high  between  church  and  dis- 


-^m^^- 


[CImp. 

icltl  the  wnr- 
Tiovcd  by  the 
1  Orange,  ra- 
naiuled  their 
1  New-Jersey, 
rnin  time,  the 
»Uilion  to  pay 
)f  an  army  of 
New-Jersey, 
)!)  against  the 
ert  what  was 

his  instances 
;  joint  designs 
(1,  that  Massa- 
;  men  far  be- 
ice  might  not 
jthern  provin- 
igmentation  of 
en. 

the  Assembly 
1  voted  seven 
the  one  thou- 
>hould  be  em- 
Indians;  and 
scs  to  be  add- 
tarded,  under 
n  of  the  other 
pedition,  and 
)th  objects  in 

erpetrated  in 
that  quarter, 

"lie  House  was 

^e,  of  the  15th 
Ulster,  being 

jrs  were  sum- 
being  traced 

Ivanished  into 
rman,  and  the 

Irch  and  dis- 


175ti.] 


1231 


I 


I 


Renter  concerning  the  College,  he  was  not  iven  sent 
for  to  be  reproved  till  the  jiext  autunui,  tliou^li  the 
two  printers  were  ordered  to  be  couunitted.  I'his 
attacK,  however,  quickened  their  motions ;  for  on  the 
20th  of  March,  they  sent  up  their  quota  bill  for  rais- 
ing seventeen  hun(lred  and  fifteen  men. 

It  lay  eleven  days  with  the  Council,  where  it  was 
opposed  by  Mr.  Smith  and  Doctor  Colden,  who  came 
to  town  during  the  alarms  occasioned  by  the  Indian 
irruptions  into  Ulster.  Before  this  time,  the  debt  bill 
was  in  the  Governor's  hands,  *  but  stigmatized  by  (he 
protest  of  Messrs.  Smith  and  Colden  in  so  pointed  a 
manner,  that  Sir  Charles  was  fearful  of  giving  it  his 
assent.  This  was  at  length  forced  by  the  inanage- 
menUof  the  House,  who  allowed  a  bounty  of  live 
pounds  per  man  for  the  volunteers  against  Crown 
Point,  but  provided  only  thirty  shillings  for  those  who 
were  to  act  in  the  harder  service  against  the  Indians ; 
and  besides,  those  troops  were  to  be  disbanded  in 
forty  days,  and  not  at  the  Governor's  discretion— a 
confidence  reposed  by  the  province  of  New-Jersey 
in  Governor  Belcher.  The  maj<  Uy  of  the  Council 
adhered  to  the  objections  of  Doctor  Colden,  who 
spoke  both  his  own  and  the  Governor's  sentiments. 
Mr.  Delancey,  in  this  delicate  situation  of  aflairs, 
thought  proper  to  absent  himself;  but  finding  means, 
by  a  member  of  the  Assembly,  to  inform  the  Gover- 
nor that  this  bill  might  be  altered,  if  the  debt  bill  was 
passed,  his  Excellency,  pressed  by  the  advanced 
season  of  the  year,  engaged  to  pass  the  debt  bill ; 
and  the  other  being  sent  down,  privately  amended  so 
as  to  take  away  his  own  and  the  objections  of  the 


*  "  We  are  sittin^^  still.  Tlie  priocipal  money  bill,  whicli  is  for  pnyins; 
the  debts  of  tiie  colony,  and  among'  others,  the  salaries  for  the  several  offi- 
cers of  government  for  the  time  past,  has  passed  the  Council,  but  ha^  not 
yet  received  the  Governor's  assent,  and  is  therefore  as  yet  in  suspence.  Ky 
the  next  packet,  I  may  perhaps  be  able  to  inform  you  further,  particularly 
irith  respect  to  the  Jersey  line,  which  is  still  under  consideration.*'  Mr, 
Joneses  letter  to  the  agent,  23d  February,  1766.  And  on  the  20th  of  July, 
1756,  ho  adds,  "I  have  now  the  pleasure  to  acquaint  you,  that  he  has 
passed  it.^ 


.;(!.■ 


232 


[Chap.  V. 


Council,  the  Governor  sent  for  both  Houses  the  next 
day,  and  passed  all  the  bills  ready,  both  parties  be- 
ing so  well  pleased  with  the  late  barter,  as  to  part  on 
an  adjournment  to  the  "iTth  of  April. 

The  oppositiori  to  the  debt  bill  cost  Mr.  Alexander 
his  life.  He  ventured  out  for  that  purpose  in  a  pa- 
roxysm of  the  gout,  took  cold,  and  died  the  day  after 
the  session.  And  from  that  time  the  Governor,  ivho 
had  such  demonstrative  proof  of  the  devotion  of  the 
Assembly  to  the  Lieutenant  Governor,  as  to  obstruct 
the  levies  for  the  service  until  his  interest  was  secur- 
ed, in  defiance  of  an  instruction,  and  at  the  risk  of 
the  royal  resentment,  tamely  resigned  himself  into 
his  hands. 

It  must,  in  justice  to  Mr.  Delancey,  be  added,  as 
the  sequel  will  evince  by  his  policy,  the  colony  ob- 
tained a  victory  over  the  government  as  well  as  the 
Governor ;  for  after  that  day,  the  Ministry  gave  up 
their  objcctiqns  to  the  popular  project  of  the  anti- 
Cosbyan  patriots,  for  holding  the  officers  dependent 
upon  the  annual  support  of  the  Assembly.  But  this 
Assembly  were  nevertheless  culpable,  for  slighting 
one  of  the  most  favorable  opportunities  for  settling 
our  contested  limits,  which  have  since  produced 
such  scenes  of  confusion  and  distress.  Sir  Charles, 
on  the  first  of  January,  communicated  to  the  House 
an  instruction,  urging  a  provision  for  one  half  of  the 
expense  for  adjusting  the  partition  line  with  Jersey 
by  Commissioners ;  and  at  the  same  time  informed 
tliem  of  General  Shirley's  readiness  to  procure  the 
consent  of  Massachusetts  Bay,  over  which  he  then 
had  a  prevailing  interest,  to  join  in  a  like  commission 
for  ascertaining  our  eastern  boundary.  Intoxicated 
by  the  spirit  of  party,  they  lost  an  opportunity  to  give 
peace  and  safety  to  thousands,  by  a  provision  for  ter- 
minating that,  and  the  controversy  we  had  also  with 
New-Hampshire:  but  it  was  Mr.  Delancey's  ambi- 
tion rather  to  create  than  to  lessen  depei.dencies  on 
his  will;  and  the  neglect  of  education  left  a  hard, 
wicked  colony,  exposed  to  his  arts. 


I 


[Chap.  V. 

h  Houses  the  next 
',  both  parties  be- 
arter,  as  to  part  on 
il. 

ost  Mr.  Alexander 
t  purpose  in  a  pa- 
died  the  day  after 
he  Governor,  who 
le  devotion  of  the 
nor,  as  to  obstruct 
interest  was  secur- 
and  at  the  risk  of 
gned  himself  into 

ley,  be  addecl,  as 
jy,  the  colony  ob- 
ent  as  well  as  the 

Ministry  gave  up 
'oject  of  the  anti- 
)ffice;s  dependent 
semblj.  But  this 
ible,  for  slighting 
jnities  for  settling 
!  since  produced 
ess.  Sir  Charles, 
ited  to  the  House 
3r  one  half  of  the 
i  line  with  Jersey 
ne  time  informed 
5S  to  procure  the 
;r  which  he  then 
a  like  commission 
ary.  Intoxicated 
pportunity  to  give 
.  provision  for  ter- 
we  had  also  with 
Delancey's  ambi- 

depei.dencies  on 
ition  left  a  hard. 


17.56.] 


233 


1  he  delay  occasioned  by  the  late  stratagem,  and 
the  hourly  expectation  of  the  General  from  bTs  o"  * 
obliged  the  Governor  to  call  upon   the  Assemblv 
before  the  end  of  the  month,  for  power  to  suporthe 
want  of  volunteers  by  detachments,  whUeThe  c  oa 
upon  the  operatior^  of  the  400  men'who  were  to  bf 
employed  against  the  Indians  by  the  quarrels  between 
Governor  Morris  and   the  Pennsylvania  Assemblv 
prevented  eve.,  the  issuing  of  the  military  warTa,  £ 
for  those  recruits.     Sir  Charles,  therefore,  aXd  for 
authority  to  detach  men,  that  the  400  migh  be  ic^ned 
to  the  quota  ibr  the  Crown  Point  expeditroi  thtl 
provisions  might  be  collected  for  troo^ps  e^^^^^^^^^ 
from  England,  the  rates  of  land  carriage  ascerfalnprf 

dens llTtr'""  njilitia.relieved  froTunTquaf  ^ur.' 
w-  general  service.  -  ^ 

Within  fire  days,  laws  were  enacted  to  exoedite 

hZ^'m^lZ""  't  '^P."""'""  <"  P^»'Son,! 

S|»,r^r:etLr^iS| 

■      ' ^""   ■       30      '  ■  '.    •-   -/"•'".     •  ■'    . 


{if 


'%^ 


234 


[Chap.  V. 


General  Johnson,*  who  was  Tcnighted  for  his  servi- 
ces, and  our  forces  were  abated  by  the  arrival  of 
General  Webb  on  the  7th  of  June,  and  the  Royal 
American  officers  on  the  15th,  with  General  Aber- 
crombie,  the  two  regiments  of  Otways,  and  the  High- 
landers. 

On  the  29th  of  June,  Sir  Charles  informed  the  As- 
sembly, that  the  Earl  of  Loudon  was  coming  out  to 
take  the  command  of  the  army,  and  called  upon  them 
for  aid  in  recruiting  the  two  regular  regiments  with 
soldiers,  who  were  to  be  discharged  at  the  end  of  the 
war,  and  have  each  two  hundred  acres  of  land  free 
from  quit-rent  for  ten  years. 

He  added,  that  the  sum  of  one  hundred  and  fifteen 
thousand  pounds  was  given  by  Parliament  to  be  dis- 
tributed by  the  King  among  the  New-England  colo- 
nies, this,  and  the  province  of  New-Jersey.  That 
his  Majesty  expected  fresh  aids  of  men  for  the  ope- 
rations of  the  year ;  the  reimbursement  of  masters 
for  servants  enlisting  in  the  army,  and  the  prohibition 
of  commerce  with  and  all  supplies  to  the  enemy. 

The  House  resolved.  That  the  colony  had  exerted 
itself,  by  furnishing  its  proportion  for  the  Crown 
Point  expedition,  the  defence  of  the  western  frontiers, 
the  march  of  many  thousands  of  the  militia  on  the 
attack  of  Baron  Dieskau,  and  this  year  on  alarms  to 
support  the  King's  troops,  posted  to  the  westward, 
where  a  party  was  cut  off;t  and  again  to  preserve 
Fort  William  Henry  when  on  the  point  of  being 
abandoned  by  the  garrison,  composed  of  Massachu- 
setts and  Connecticut  troops.  '1  hat  we  raist-d  first 
800,  then  500,  and  afterwards  400  men,  that  £20,000 
had  been  granted  for  fortifying  the  capital.  That  a 
common  fund  ought  to  be  established.    That  we  had 


'i'  His  Majesty  has  ordered  15,000/.  to  New -York,  5000/.  to  Major  General 
Johnson,  for  bis  services,  *o  whom  likewise  a  commission. is  issued  for  the 
superintendaDcy  of  the  Indian  affairs,  with  a  salary  of  600/.  per  annum. 
nde  agenfi  letter,  I3th  March,  1756. 

f  A  small  garrison  at  a  block-house,  under  Lieutenant  Bull,  at  the  Oneida 
portage,  where  Fort  Stanwix  was  afterirards  erected,  nas  abandoned  in 
March. 


[Chap.  V. 

d  for  his  servi- 

y  the  arrival  of 

and  the  Royal 

General  Aber- 

s,  and  the  High- 

iiformed  the  As- 
s  coming  out  to 
ailed  upon  them 
regiments  with 
at  the  end  of  the 
res  of  land  free 

dred  and  fifteen 
ament  to  be  dis- 
iv-England  colo- 
v-Jersey.  That 
nen  for  the  ope- 
nent  of  roasters 
)  the  prohibition 
the  enemy, 
ony  had  exerted 

for  the  Crown 
western  frontiers, 
;  militia  on  the 
ear  on  alarms  to 
)  the  westward, 
ain  to  preserve 

point  of  being 
3d  of  Massachu- 
it  we  raisi'd  first 
en,  that  £20,000 
capital.  That  a 
I.    That  we  had 


000/.  to  Major  General 
mission. is  issued  for  the 
•y  of  600/.  per  annum. 

lantBuU,  at  the  Oneida 
ted,  was  abandoned  in 


1756.]  .        23^ 

given  £5000  to  Virginia,  and  as  much  to  be  disposed 
of  by  General  Braddock,  and  that  till  such  an  es- 
tablishment, the  colony  was  unable  to  do  more.  But 
they  nevertheless  approved  of  the  payment  for  enlist- 
ed servants,  and  were  for  continuing  the  laws  against 
supplies  to  the  French,  and  these  resolves  they  or- 
dered to  be  published  in  the  Gazette. 

About  the  same  time  Sir  Charles  proposed  to  them 
an  act  for  vacating  the  patents  of  Kayaderosseros, 
Cannojohary,  and  Onskany,  which  has  been  repre- 
sented by  the  Lords  of  Trade,  as  obtained  of  the  In- 
dians by  fraud,  and  that  the  declension  of  the  Indian 
interest  was  owing  to  their  want  of  satisfaction. 

Upon  this  subject  they  suspended  any  resolution, 
lill  alter  this  next  meeting,  considering  it  as  a  matter 

''fi*'"'^'!?  r"*?'!  T*^*"'^  deliberation ;  and  the  day 
alter  (^th  July)  they  adjourned,  leaving  a  committee 
empowered  to  welcome  the  Earl  of  Loudon,  who  was 
daily  expected,  to  thank  him  for  engaging  in  the 
service,  ana  .    pfovide  for  his  honorabll  reclption. 

1  his  att. -^.  ,  vhe  patents  was  ascribed  to  Sir 
nilliam  Joh  s,.  and  gave  general  offence,  and  it 
was  fortunate  lor  the  proprietors,  that  the  Delancey 
family  were  interested  in  Oriskany,  a  very  valuable 
tract,  embracing  the  banks  of  the  Mohawk  River 
near  the  great  transportation  to  the  waters  of  the 
Wood  creek. 

When  the  new  Generals  arrived  at  Albany,  Mr. 
.!!aS^  ;;eturned  on  the  4th  of  July  to  New-York, 
and  Sir  Charles  on  the  I  Ith  went  up  the  river  with 
Mr.  Delancey  and  Mr.  Chambers,     three  days  after, 

fL^T  ^"''ci^';^*  ''^'•>^^  ^^^»  declared  agains 
France     Mr.  Shirley  waited  till  the  arrival  of  the 

1  **.VLo"^on  on  the  23d,  who  brought  Mr.  Pow- 
nal  with  him,  and  repaired  to  Albany  on  the  26th- 
and  on  the  1st  of  August  Mr.  Shirley  sailed  to  Provil 
dence  for  Boston,  and  thence  to  England,  and  was 
iollowed  a  fortnight  afterwards  by  Mr.  Pownal,  who 
had  the  promise  of  his  government. 

Sir  Charles  returned  to  the  metropolis  on  the  15th 
ot  August,  disgusted  with  the  Earl  of  Loudon,  who 


4 


'"m^mmuM  .jj,jjaji..,jk.gn.i.uiii 


•r\fimfmiimm»r^gufKmt^im*smfmm9mim9l^ 


MMP9V*«»niiaN«i«im«pnifp«npiiiMp»' 


!i 


236        •  [Chap.V; 

bad  checked  his  intermeddiing  in  military  concerns, 
and  denied  \m  request  of  two  independent  compa- 
nies for  his  guards. 

About  this  time  Oswego  was  besieged,  and  lost  to 
the  general  alarm  of  the  colonies.  General  Webb, 
who  was  then  posted  at  theOneidacarrying-place,was 
in  such  consternation,  that  he  ordered  trees  to  be 
filled  in  Wood  creek  to  obstruct  the  progress  of 
the  enemy,  if  they  should  attempt  to  penetrate  that 
way,  and  the  Earl  in  equal  terror  at  Albany,  pushed 
on  Sir  William  Johnson  with  the  militia  to  sustain 
Webb,  and  ordered  large  drafts  of  others  to  follow 
him  from  Albany  and  Ulster,  and  importuned  e\'en 
the  southern  colonies  for  recruits.  The  panic  was 
universal,  and  from  this  moment  it  was  manifest  that 
nothing  could  be  expected  from  all  the  mighty 
preparations  made  for  that  campaign. 

It  was  at  this  juncture  (24th  September,)  Sir 
Charles  administered  the  consolation  he  had  for 
some  time  secreled,  that  the  Crown«|)ad  in  effect  re- 
P'Mled  the  instruction  to  Sir  Danvers  Osborn,  which 
had  given  so  much  offence. 

Upon  communicating  this  address  of  the  9th  De- 
cember last,  the  Lords  were  ordered  to  write,  and 
did  write,  that  the  King,  conceiving  the  present  As- 
sembly unwilling  to  receive  old  claims  and  preten- 
sions, and  declaring  that  they  did  not  mean  to  assume 
.  a  share  in  the  executive,  but  as  he  had  represented 
,    were  willing  to  promote  the  service  of  the  Crown, 
was  now  pleased  to  allow  him  to  assert  to  their 
Jemporary  bills  for  the  support  of  Government  con- 
^-  fbrmable  in  other  respects  to  the  instructions  res- 
pecting the  disposition  of  public  money. 

He  had  before  put  into  the  Treasury  the  share  of 
the  Parliamentary   donation   of  iS  15,000  sterling;* 


•  It  was  great  negligence  to  omit  upon  the  first  advice  of  £15,000,  the 

proper  representations  for  the  due  distribution  of  it.     Whec  Mr.   Fones 

comi>lained  of  it,  the  agent  pertinently  replied   13th  of  August,  1766. 

""How  was  it  poftsiblc  to  set  this  matter  right  without  proper  dtjcuments  to 

show  when  the  account  was  exaggerated  i>    I  am  not  insensible  of  tfa* 


[Chap.  V. 

ilitary  concerns, 
pendent  compa- 

ged,  and  lost  to 
General  Webb, 
'rying-place,was 
red  trees  to  be 
the  progress  of 
[>  penetrate  that 
Albany,  pushed 
ilitia  to  sustain 
)thers  to  follow 
nportuned  even 
The  panic  was 
as  manifest  that 
all   the  mighty 

leptember,)  Sir 
on  he  had  for 
iiad  in  effect  re- 
1  Osborn,  which 

of  the  9th  De- 
d  to  write,  and 
the  present  As- 
ms and  preten- 
mean  to  assume 
ad  represented 
J  of  the  Crown, 
assert  to  their 
overnment  con- 
istructions  res- 

7- 

jry  the  share  of 

,000  sterling;* 


Iviceof  £15,000,  the 
:.  Whfic  Mr.  Fones 
tth  of  August,  1766. 
t  proper  dtjcuments  to 
not  insensible  of  tfa* 


1756.] 


137 


and  now  agkcd  for  an  augmentation  of  salaries   a 
compensation  for  the  militia  on  the  late  akrms 

cev  h,H  V      l"r'  ^""^  '^^ommoi^ded,  as  Mr.  Delan- 

tea,  and  a  poll  tax  upon  negroes,  with  such  others  as 
^he  .nhabuants  could  bear  with  the  least  inconvll! 

totIelsTomJ°"h""'^.^^**!  ^^"  "^™««*  '^^""onj 
10  the  Ist  of  December,  when  eleven  acts  were  passed 

for  r  revenue  by  duties  on  imports,  an  excLe  on 
spmtuous  hquors  and  tea,  to  prolong  the  cu  renc? 
of  he  bills  of  credit,  for  billeti,^  the  troops,  ere^tinJ 
a  stamp  office  and  a  new  jril,  clothing  the  provlS 
ev.es,  appropriating  the  College  funds,  payTngoff 
the  last  year's  arrears  of  the  otScers  of  the  Jofern 
ment,  and  providing  for  the  next.  ^        °" 

To  reward  the  Governor,  and  elude  the  instrue 

the  old  allowance  of  £irm,  assigning  for  a  pretext 
the  difference  of  exchange  between  the  time^of  i 
first  establishment  as  an  equivalent  for  Jeioio  ster'' 
ling,  and  the  present  day,  ;?nd  though  the  ITpeudi 
ent  companies  were  now  embodied  with  theTm^ 
they  put  into  his  pocket  £400  more,  under  the  na7e 
of  fuel  and  candle  money  for  the  fort  anH  h,  k^u 
the  support  bills  gave  Mr.Uance/alkl^^^^  of  iSS 
a  year  as  Chief  Justice.  ^        '^' 

nfI^M*"*-P'''**S^ ''**''  ^^^  Governor's  disrecard 
of  the  instruction  respecting  the  prolongation  o(F?ho 
paper  money,  a  committee  of  both  holes  if  iS^ 
h.8  hands  an  argumentative  address,  ass^nC  fi*^ 
reasons  for  the  necessity  of  that  act     Fnl?  ?k 

strengthoftheirvictoi^infheestalllntTftL^^^^ 

the  Swiss  of  the  continent,  in  which  Siu  IhL  *  "?"'"'"''  *^°^ 
here,  and  that  they  underst'and  how  to  vSe^theirVa';^;.""*  "^ "^P'""* 
ra-Utary  operations  of  the  continent  wifrVu^e  theXLr^'i  ^  ^« 
country  I  cannot  doobi  that  the  accoun  wnrbr.tat^  a  *  „'h^  °^  ^^' 
.emcedone  and  expenseiacurred,  without  aiy'^nSIr?^^^^^^^ 


l.-^^^'".*^'3 


288 


[Chap.  V. 


nual  support  by  which  the  Governor  was  now  bridled, 
having  therefore  no  dread  of  an  immediate  dissolu- 
tion, the  House  ventured  implicitly  to  confirm,  or 
rather  to  rid  themselves  of  all  further  disputes  re- 
specting the  College,  which  had  kitidled  such  a  flame, 
that  several  thousands  had  petitioned*  to  be  heard 
against  any  confirmation  of  the  charter,  which  the 
Lieutenant  Governor  had  formerly  passed  in  its  favor. 
That  corporation  had  not  only  hopes  of  procuring  a 
law  to  vest  them  with  the  sums  raised  by  the  lottery 
and  excise,  but  of  obtaining  further  aids,  and  a  legis- 
lative cotifirmation  of  their  charter.     The  consent  of 
the  Assembly  alone  was  wanting,  for  the   new  Go- 
vernor had  soon  after  his  arrival  shown  his  favorable 
intentions  by  a  donation  of  £500  to  Mr.  Delancey'g 
institution.      Its  opposers  therefore   shrewdly  con- 
jectured that  they  could  have  no  hope  of  erecting  a 
university  on  the  plan  exhibited  by  the  bill,  formerly 
proposed,  printed,  and  slighted,  and  being  contented 
to  allow  the  college  half  ot  the  money  in  bank,  if  the 
t'emainder  was  applied  to  any  other  public  use.     It  * 
was  agreed  in  the  lobby  to  repeal  the  acts  by  which 
the  whole  was  engaged  for  a  college,  and  to  divide 
the  stock  raised  between  the  party  college  and  the 
city  corporation,  for  the  purpose  of  erecting  a  jail, 
and  providing  a  lodgment  for  crews  of  infected  ves- 
sels.   When  Mr.  Smith  was  asked  in  council  for  his 
voice  on  this  bill,  he  said  jestingly  i  "  It  rids  us  of  a 
boiie  of  contention,  by  dividing  it  between  the  two 
pest  houses."     Both  parties  triumphed.    The  friends 
of  the  College  wanted  the  money  for  the  erection  of 
the  edifice,  and  their  antagonists  believed  that  having 
stigmatised  its  illiberal  constitution,  it  would  never 
in  future  receive  any  legislative  support.     Mr.  De- 
lancey,  who  proposed  this  partition  to  cement  his 
party  in  the  House,  hoped  also  to  repair  the  breaches 
upon  his  popularity  without  doors,  and  with  the  same 
view  or  with  a  disgust  at  the  importunity  of  his  friends 


*  Vide  Journals  of  the  Assembly,  IStli  of  December,  1755. 


4-v-i&^^*'^io.^^,ie-i5i!i«^f--?a«^-''f:V.*^4^«^''^*^ 


[Chap.  V. 

m 

ras  now  bridled, 
nediate  disHolu- 

to  confirm,  or 
er  disputes  re- 
ed such  a  flame, 
d*  to  be  heard 
rter,  which  the 
ssed  in  its  favor, 
i  of  procuring  a 
i  by  the  lottery 
ids,  and  a  legis- 
The  Consent  of 
'  the  new  Go- 
vi\  his  favorable 
Mr.  Delancey's 
shrewdly  con- 
e  of  erecting  a 
e  bill,  formerly 
)eing  contented 
r  in  bank,  if  the 
public  use.  It  * 
*  acts  by  which 

and  to  divide 
ollege  and  the 
erecting  a  jail, 
tf  infected  ves- 
council  for  his 
'  It  rids  us  of  a 
3tween  the  two 
1.  The  friends 
the  erection  of 
red  that  having 
it  would  never 
port.  Mr.  De- 
to  cement  his 
ir  the  breaches 
1  with  the  same 
ty  of  his  friends 


2mbcr,  1755. 


'^'^^  239 

to  whom  he  gave  the  charter  unwillingly,  he  never 
afterwards  would  assist  in  forwarding  the  design; 
flZ  n'"§'  ""^^"u  ^"•P^^ned  to  their   meeti.L 
hi^rejlirtatn.''"'"'"'^  ^"^"^^  ''  ''  '^  ^»^^  ^^^  «^ 

«:nf  th'^hj'^'  ^^?  "^*  ^^^"  •"  the  scheme  of  pas- 
smg  the  bill,  for  prolongmg  the  currency  of  the  bills 
by  wh,ch  £l«00  was  applied  towards  the  paymJntof 
the  olficers  of   he  government,  of  which  he  had  a 
share,  he  might  have  answv -ed         objection  of  this 
want  of  funJs,  by  pointin  ^    .  the        eral  thousand 
now  given  for  a  college,  a  jail,  and  a  pest-house. 

Uut  It  was  expedient  that  he  should  "  believe  all 
our  funds  were  exhausted,  and  the  £1500  given  to 

it^roip8/5  ^^^^"^^  "'  P""'*  °PP''^^  ^^''  *^^  '^"PP^'-t  of 

wrh?/  ^^'^.^^f'  *^.""  ***  ^^^  «g^"*'  of  ^  "^th  October, 
written  with  the  assistance  of  a  committee  of  the  city 
members,  Mr  Watts,  Mr.  Watson,  Mr.Cruger  and  m7 

So  ';'h^'  tT""^  Mr.  Richard's  place^on  ^9^^] 
November,  holds  up  a  picture  of  that  day.  «l  ad 
quainted  you  (2d  July)  that  we  were  in^grea  ex- 
pectation of  a  successful  campaign.  But  as  our  dis- 
appointment  ,s  rather  greater  tfian  that  of  the  last 
year,  forinstead  of  taking  Crown  Point,  the  enemy 
have  made  themselves  masters  of  the  importan  for^ 
tress  ot  Oswego,  taken  the  whole  garrisoS  prisoners 
of  war,  demolished  all  the  fortificatfons,  carrLd  away 
all  the  armed  vessels,  two  hundred  whale  boats,  can- 
S  P!:o^'«'?f.and  warlike  stores;  and  this,  it  is 

Inih  ^^  ^'^  nu  ^r  ^7'  time-a  dishonor  to  the 
British  name.  Oh  shameful  behaviour  of  our  forces » 
We  have  now  no  footing  on  Lake  Ontario;  allisTeft 
wJI  /  ""'"^^'•'•"P^^d  possession  of  the  enemy,  who 
will  doubtless  dispossess  us  of  all  that  we  have  re- 

TtK  '[T  '"r  ^""'^  't*PP^^-  As  for  our  forces 
on  the  northern  frontier,  both  regulars  and  provin- 
cials,  I  expect  to  hear  of  no  action  by  them,  unless  the 
enemy  force  them  to  it.  If  some  more  vig;rous  rVso^ 
lutioris  are  not  made  in  England,  and  seasonably  exe- 
cuted, we  must  inevitably  lall  a  prey  to  the  prevaihng 


'^9-^''^te^yl!^^!li]^i^,  I  m^i   „iii,.^., 


210 


[Chap.  V 


power  of  Franc^.  We  live  in  hopes  that  a  vigorous 
push  will  be  made  for  the  reduction  of  Canada,  which 
seems  to  be  the  only  measure  that  can  secure  us.  I 
told  you  in  my  letter  2d  July,  that  you  should  have  a 
just  state  of  the  expenses  this  year.  1  cannot  at  pre- 
sent enumerate  any  particulars,  neither  does  it  ap- 
pear necessary.  We  emitted  jB^2.0()0  bills  of  credit 
last  spring,  to  be  redeemed  by  taxes  on  estates,  real 
and  personal,  which  I  expect  will  all  be  expended 
in  the  pay  of  our  forces,  and  other  necessaries,  at- 
tending this  state  of  warfare,  before  the  end  of  the 
year.  Our  Governor  has  acquainted  us  with  the  al- 
teration of  the  instruction,  relating  to  the  permanent 
salary ;  but  at  the  same  time  insists  upon  a  larger 
allowance  than  his  predecessors  have  had,  under 
pretence*  of  the  alteration  in  value  of  our  currency.  - 
How  far  this  may  occasion  differences  between  him 
and  the  assembly  I  cannot  yet  foresee ;  perhaps  my 
next  may  inform  you.  £nclosed  you  have  a  note  of 
the  general  assembly  giving  their  thanks  to  Messrs. 
Hanburg  and  Tomlinsotu  merchants  in  London,  for 
their  extraordinary  care  with  respect  to  the  money 
granted  by  Parliament,  and  you  are  desired  to  wait 
on  those  gentlemen  with  it.  The  Assembly  are  now 
sitting,  and  when  the  session  ends.  1  shall  write  fur- 
ther to  you." 


IO> 


*  The  House  the  very  next  day,  Toted  on  the  14th  October,  ta  his 
Excellency  the  salary  of  £1660,  and  added  these  words — "  Tvhich  from  the 
strictest  inquiry  appears  to  be  orig^inally  g^ven  as  an  equivalent  for  £1000 
sterling,  and  in  consideration  of  the  difference  in  the  value  of  the  present 
currency  of  this  colony,  from  what  it  was  when  the  aforesaid  salary  was 
first  settled,  the  further  sum  of  £240.**  As  this  was  the  first  article  of  a 
long  report  then  perfected  for  all  the  salaries  of  the  year,  the  SpeakerV 
expression  is,  singular  after  such  a  point  had  been  carried  in  a  com- 
mittee of  the  whole  House,  and  gives  reason  for  the  supposition,  that 
this  correspondence  is  not  always  to  be  depended  upon.  Flushed  witH 
the  success  against  the  scheme  of  an  indefinite  support,  and  the  ne- 
cessity of  the  concurrence  of  the  colony  in  the  measures  of  the  war,  it  was 
expedient  to  raise  a  belief  that  harmony  depended  upon  the  will  of  the 
idol  of  the  party  for  securing  his  interest ;  and  the  whole  letter  was 
doubtless  written  to  make  impressiocs  disadvantageous  to  Mr.  Shirley, 
who  sailed  from  Boston  qd  the  prflceding  28th  September. 


[Chap.  V 

>  ihat  a  vigorous 
f  Canada,  which 
m  secure  us.  I 
a  should  have  a 

I  cannot  at  pre- 
ther  does  it  ap- 
10  bills  of  credit 

on  estates,  real 

II  be  expended 
necessaries,  at- 

the  end  of  the 
I  us  with  the  al- 
)  the  permanent 

upon  a  larger 
ive  had,  under 
)f  our  currency, 
es  between  him 
te;   perhaps  my 

have  a  note  of 
aiiks  to  Messrs. 

in  London,  for 
ct  to  the  money 
desired  to  wait 
jombly  are  now 
shall  write  fur- 


I4tli  October,  ta  his 
(Is — "  T7hich  from  the 
equivalent  for  £1000 
6  value  of  the  present 

aforesaid  salary  was 
\  the  first  article  of  a 
le  year,  the  SpeakerV 
en  carried  in  a  com- 
the  supposition,  that 
upon.  Flushed  witH 
iupport,  and  the  ne- 
ires  of  the  war,  it  was 

upon  the  will  of  the 
he  whole  letter  was 
-eous  to  Mr.  Shirley, 
Dber. 


1756.] 


m 


The  Earl  of  Loudon,  after  the  loss  of  Oswego,  ap- 
peared H.tent  upon  proceeding  to  Crown  PoinF.     Sir 
William  Johnson  was  called  to  m.ister  the  Indians, 
to  co-operate  m  that  enterprise,  but  whether  from  an 
ayeis.on  to  that  new  kind  of  warfare,  or  from  rr.o- 
nes  ot  deep  and  remote  policy,  these  tribes  were 
aT    'a  "'1^    '"/*    fortytwo    could     be   collected. 
Ashamed  ot  such  a   handful,   ihirty-five   of  whom 
Trnlf  it  domiciliated  Indians  of  Stockbridge.  re- 
cnnted  by  Mr.  Wraxall,  the  Secretary  for   Indi.n 
attairs,  and  just  rewarded  as  Captain  of  a  compuy 
ol  Independents,  for  his  services,  as  aid-de-cnnip  at 

aernnnr' q''^  w-h^'  ^^'"•'S*''  «"^  *°  ^''««^'  blazoned 
accounts.  Sir  Wilham  owed  his  knighthood.     They 

sTn  f  '"  ^^T  ^.^^"■'^  ^y  ^h^  P''^'«»-  --o^te  o^f 

damned  the  Indian  interest  as  a  bubble,  and  retired 
to  Albany  for  the  winter  cantonment  of  his  troops. 

t»t  these  he  sent  a  thousand  to  New- York,  dis- 
persed others  in  the   neighbouring  provinces,  and 
ett  a  surcharge  i.i  Albany,  insisting  upon  new  quar- 
ters, which  gave  rise  to  loud  clamors. 

The  magistrates  of  the  capital  had  crowded  the 
privates  into  the  barracks,  and  left  the  officers,  about 
ntty,  to  hnd  lodgings  for  themselves.     When  the  E-.rl 
came  down  in  December,  he  sent  for  Mr.  Cruder 
the  mayor,  and  insisted  that  the  officers  of  every 
rank  should  be  exempted  from  expense,  and  to  sooth 
him,  alleged  that  this  was  every  whPre  the  custom; 
and  that  he  had  i.i  "nnsideration  of  our  effi)rts  put 
the  army  to  mconveniences  by  so  wide  a  dispersion, 
but  sigmfied,  that  if  he  made  difficulties,  he  would 
convene  all  his  troops  here,  and  billet  them  himself 
1  he  mayor  desired  time  to  consult  the  body  over 
which  he  presided.     The  death  of  his  sister  made  it 
necessary  to  apologize  for  the  delay  of  the  answer 
until  her  funeral  obsequies  were  performed.     But  his 
ordship  insisted  upon  a  speedy  compliance,  and  told 
the  committee  he  would  meet  them  on  the  subject- 
and  to  convince  them  that  free  quarters  were  every 
where   usual,  he  would  assert  it  ubon  his  honor. 


>■ 


'mmfjHmmmmi^ 


242 


[Chap.  V. 


#1 


si 


"  which  (snys  he)  is  the  highest  evidence  you  can  re- 
quire." The  iletnaiid  took  air;  the  citizents  raved, 
and  tlie  corporation,  couHistiiig  generally  of  elective 
otiiccTs,  were  at  their  wit's  ends,  concerning  the 
course  to  be  pursued.  They  flew  to  the  governor, 
but  he  answered  (hem  with  reserve,  caution,  and  du- 
plicity. They  called  a  meeting  with  the  Judges  and 
city  members.  Mr.  Delancy  did  not  attend  till 
the  second  convention,  and  excused  himself  from 
giving  an  extrajudicial  opinion,  but  it  was  supposed 
that  Mr.  Watts  spoke  his  mind  in  favor  of  the  peo- 
ple. The  act  lately  passed,  gave  authority  to  billet 
first  upon  inns,  and  the  surplus  upon  private  houses; 
but  supposing  the  inhabitants  were  to  be  paid,  au- 
thorised the  msigistrates  to  rate  the  allowance.  Be- 
yond that,  the  magistrates  durst  not  interfere  through 
dread  of  prosecutions.  A  committee  was  appointed 
to  his  lordship,  and  another  to  present  a  memorial  to 
the  Governor,  imploring  his  mediation,  and  asserting 
that  free  quarters  were  against  the  common  law,  and 
the  petition  of  rights,  the  Stat.  2 1 .  Car.  II.  and  the 
mutiny  and  desertion  act ;  and  that  the  colonists 
were  entitled  to  all  the  rights  of  Englishmen.  The 
Governor  escaped,  for  as  soon  as  the  Earl  saw  the 
opinion  of  the  corporation,  he  replied  to  the  may- 
or, who  alone  was  admitted  to  his  presence,  "  God 

d n  my  blood  !  if  you  do  not  billet  my  officers 

upon  free  quarters  this  day,  I'M  order  here  all  the 
troops  in  North  America  under  my  command,  and 
'  billet  them  myself  upon  this  city."  The  magistrates, 
countenanced  by  the  conscious  dread  and  impoten- 
cy  of  the  citizens,  promoted  a  subscription  to  defray 
the  expense,  and  a  calm  ensued  ;  but  with  a  general 
abhorrence  of  the  oppressor,  who  soon  after  pro- 
ceeded through  Connecticut  to  Boston. 

That  the  minister  may  not  impute  the  loss  of  Os- 
wego to  the  colony,  Mr.  Jones  writes  to  the  agent — 
"  You  have  doubtless  by  this  time  heard  of  the  unac- 
countable loss  of  Oswego ;  since  which,  the  enemy 
have  made  no  further  attempts  upon  us,  nor  we  upon 
them ;  so  that  Crow  n  Point  fort  remains  still  in  their 


[Chap.  V. 

ence  you  can  re- 
;  citizentii  raved, 
jrally  of  elective 
concerning  the 
to  the  governor, 
caution,  and  du- 
h  the  Judges  and 
not  attend  till 
ed  himself  from 
it  was  supposed 
avor  of  the  peo- 
luthority  to  billet 
1  private  houses ; 
to  be  paid,  au- 
allowance.  Be- 
interfere  through 
ie  was  appointed 
nt  a  memorial  to 
3n,  and  asserting 
;ommon  law,  and 
.  Car.  II.  and  the 
lat  the  colonists 
iglishmen.  The 
the  Earl  saw  the 
lied  to  the  may- 
presence,  "God 
billet  my  officers 
der  here  all  the 
f  command,  and 
The  magistrates, 
;ad  and  impoten- 
iription  to  defray 
ut  with  a  general 
soon  after  pro- 
ton. 

e  the  loss  of  Os- 
es  to  the  agent — 
eard  of  the  unac- 
i^hich,  the  enemy 
n  us,  nor  we  upon 
lains  still  in  their 


1 75(1.  j 


243 


ham.  and  bothsules  are  drawn  into  winter  quarters. 
VV  lat  the  nex  summer  will  produce,  the  Almighty 
lrpLV'7';  '  9''^%l?^^  oir  situation  is  uowcl 
vaZL  nV  :r'"'»-  ™'  P''^^'"*'-^'  ^'"^S  the  princi. 
Ld  b.?^,l?f .  1^-  ^'uT  ^'^''  "'  A'»*^"^«'  '^  'mrassed 
us   with  '"  ^"  '^^P^' '-  '°'^'"«  quartered  upon 

hrnLn     ^^'^  f  y-our  horses  and  carriages,  some 
broke,  some  burned  and  destroyed  by  the  enemv-! 
our  m.l,t,a,  frecjuer.tly  harassed  by  afarms,  i^oTne- 
cessitated  to  make  large  marches,  som^t^  suppor 
the  army  on  the  north,%thers  to  ^epel  the  Indfans 
from  the  western  frontiers.     Thus  harLsed,  our  peo- 
ple cannot  attend  to  their  usual  occupat  ons    a^id 
numbers  are  soon  likely  to  be  great  sufferers  and   o 
become  a  burden  to  the'rest.     To  this  may  be  aSded 
another  heavy  article  of  expense,  viz.  the  great  num- 
ber  ol  French  sent  here  from  Nova  Scotia  by  Gove™. 

TLakeTp"?  ^"^  '^'  ^"T''  ''^'''  «t  '^^^  battle 
nf«^h       K      ^u'  '"  Septe'nber  1755,  with  a  number 
of  others  brought  .n  here,  as  well  by  the  NightiiSe 
man  of  war  as  by  privateers.     The  expense  attend! 
mg  all  articles,  you  will  easily  see  must  be  very  great 
Our  fifty-two  thousand  pounds  are  all  called  L«nrl 
we  are  obliged  to  break^n  upon  the  preset  made  us 
W   Parliament    which,  in   this  expensive  sTte   of 
things,  cannot  last  long;  and  unless  we  have  the  fur 

tne  weight  of  these  excessive  pressures.  Our  ses- 
sion ,8  tolerably  well  ended,  the  support  bil"  be W 
put  in  the  usual  manner."  ^^  ^'"^ 

On  the  16th  of  February,  1757,  Sir  Charles  inform- 
ed his  Assembly  at  Flatbusb,  that  reinforcemenTs 
were  coming  out;  that  the  people  of  the  Massachu! 
setts  Bay  were  to  contribute,  and  pressed  the  mme: 
diate  levying  of  our  quota;  renewed  his  importunTy 
for  money  to  settle  the  partition  line  with  ^eZ7et 
sey  and  the  Massachusetts  Bay,  blood  hav  .rbeen 
lately  spilled  in  the  manor  of  Livingston ;  afd  pur 
sued  his  object  for  the*Vacating  of  thf  patents  wCh 
he  was  pleased  to  call  esorbitint  grants         '        ^' 


1 


'-wiiapAawpMV* 


244 


[Clmp.  V 


n*Et 


They  promisrcl  their  proportion  fov  Cae  prosecu- 
tion ol'lhe  wiir,  to  avoid  the  imputn.ion  of  being  in- 
Btninieiital  in  iheir  own  ruin  by  tedious  delays  and 
rei^olutions,  or  an  ill-tiu»ed  parsimony ;  but  waived 
any  provision  for  the  settlement  of  lines,  till  they 
couhi  say  w  ith  propriety  that  we  had  lands  to  divide  :* 
intimated  that  the  quit-rents  were  a  proper  fund  to 
defray  that  expense ;  and  respecting  the  grants,  in- 
(ormed  him  that  they  were  purchased  by  considera- 
ble sums,  paid  not  only  to  the  Indians,  but  the  officers 
of  government,  in  fees  equal  often  to  the  value  of  the 
laud  granted  ;  that  what  he  urged,  was  a  proceeding 
harsh  and  dangerous,  and  now  not  necessary,  as  the 
Indian';  were  not  obstructed  in  the  use  of  the  land; 
ant!  iha!  they  thought  it  of  more  consequence  to  lay 
out  a  lino  of  townships  on  the  frontiers,  to  be  given 
to  settlers  without  fee  or  reward  ;  and,  as  the  small- 
pox then  compelled  them  to  sit  out  of  town,  they 
wished  to  attend  only  to  what  respected  the  war. 

They  continued  together  only  ten  days,  and  pro- 
vided for  levying  one  (housand  men,  to  act  with  four 
thousand  from  the  Massachusetts  Bay,  under  his 
Lordship's  command,  "which,"  says  the  Speaker, 
2t)th  February,  "  is  our  full  proportion,  accoi-ding  to 
the  plan  of  union,  and  was  all  his  Lordship  demanded." 

The  sum  appropriated  for  this  purpose,  was  twen- 
ty-one thousand  three  hundred  an<l  sixty-nine  pounds, 
twelve  shillings  and  two-pence ;  and  the  Parliamen- 
tary present  of  fourteen  thousand  three  hundred  and 
twenty-three  pounds,  fitleen  shillings  and  three- 
pence, sterling,  which  I  mention  as  a  detection  of 
the  artifices  in  the  reasons  given  by  both  Houses  for 
passing  the  late  bill  for  prolonging  the  paper  cur- 
rency, and  the  Speaker's  suggestions  of  the  distress 
of  the  colony. 


*  A  lonp  memorial,  drafted  by  Mr.  Scoli  to  urge  the  Assemblj  to  make 
the  controversy  with  New-Jersey  a  provincial  cliarge,  and  presented  the 
13th  of  Febniarv,  1756,  was  now  printed,  on  the  motion  of  Mr,  Oliver 
Itelancey,  who  was  DOt  then  become  interested  as  a  proprietor  of  New- 
Jersey. 


[Clmp.  V 

fov  Cae  prosecu- 
.ion  of  being  in- 
liouR  delays  and 
my ;  but  waived 
r  lines,  til!  they 
lands  to  divide:* 
»  proper  fund  to 
g  the  grants,  iii- 
;d  by  considcra- 
s,  but  the  ofKcers 
>  the  value  of  the 
va»  a  proceeding 
lecessary,  as  the 
use  of  the  land ; 
nsequence  to  lay 
iers,  to  be  given 
nd,  as  the  small- 
jt  of  town,  they 
cted  the  war. 
ti  days,  and  pro- 
,  to  act  with  four 
Bay,  under  bin 
ys  the  Speaker, 
ion,  accoi*ding  to 
ship  demanded." 
irpose,  was  twen- 
ixty-nine  pounds, 
d  the  Parliamen- 
ree  hundred  and 
ings  and  three- 
s  a  detection  of 
both  Houses  for 
r  the  paper  cur- 
is  of  the  distress 


e  the  Assembly  to  make 
airge,  and  presented  the 
e  motion  of  Mr.  Oliver 
18  a  proprietor  of  New- 


1757.] 


245 


CHAPTER  VI. 

From  the  nhene,  of  Sir  Charles  Hardy,  on  an  Expedition 
aga»ns>  Afa.tunro,  to  the  second  assumption  of  the  Lmini,- 
tratwn  by  Lieutenant  Governor  Delancey. 

This  was  Sir  Charles's  last  interview  with  the  As- 
iembly;  for  after  that,  he  hoisted  his  flag  as  Rear 
Admiral  ot  the  Blue,  with  a  command  in  the  expedi- 
tion against  Louisburgh.    He  embarked  on  the  2d  of 
July,  at  m,a,,g,„^  q„j  j^^^  ^j^^  government  in  the 
hands  ol  Mr  Delancey.  who  took  the  oaths  the  next 
morning     The  inattention  of  the  Assembly  at  this 
time  to  the  boundaries  of  the  colony,  was  very  inex- 
cusable.     1  he  Jerney  proprietors  took  advantage  of 
Jt,  and  urged  their  contempt  of  the  royal  instruction 
as  a  reason  tor  ordering  a  temporary  line,  according 
to  the  observ^ations  of  1719,  as  the  partition,  until 
this  colony  provided  a  moiety  of  the  expense  foraet- 
tlirig  the  boundaries  by  Commissioners. 

For  the  operations  in  this  quarter,  his  Lordship 
left  an  army  of  five  or  six  thousand  men,  under  the 
command  of  General  Webb;   two  thousand  three 
hundred  of  these  were  posted  at  the  south  end  of 
Lake  George,  fifteen  hundred  at  Fort  Edward,  and 
the  residue  were  scattered  at  Saratoga,  Stillwater, 
Albany,  Mount  Hanson,  and  at  Herkimer,  in  the 
country  of  the  Mohawks.     There  were  some  who 
censured  his  leaving  the  frontiers  in  so  weak  a  state 
ot  defence,  and  still  more  the  wide  dispersion  of  th^ 
troops ;  conceiving  that  they  all  should  have  been 
divided  between  the  two  great  carrying-places  on 
the  north,  from  Hudson's  River  to  Lake  George,  tid 
between  the  Mohawk  River  and  Wood  Creek  on  the 
west,  prepared  for  either  of  the  two  entrances  of  the 
enemy  by  Ontario  or  Champlain. 

Mr.  Webb  knew  in  July,  that  Mr  Montcalm,  who 
succeeded  Baron  Dieskau,   had  collected  several 


! 


"■■) 


i 


1 


mir- 


246 


[Chap.  VI. 


thousand  men  and  three  hundred  flat  hoats  at  St. 
Johns,  and  that  the  enemy  were  daily  filing  off  from 
Crown  Point  to  Ticonderoga,  and  communicated  this 
intelligence  to  Mr.  Delancey,  adding,  that  he  ex- 
pected an  attack.  Ten  days  afterwards  (3d  August) 
an  express  arrived  with  the  further  advice  th.it  the 
enemy  were  on  the  30th  July  within  twelve  miles  of 
Fort  William.  On  the  5th  Mr.  Delancey  embarked 
for  Albany,  and  the  day  after  we  learnt  that  the  Fort 
was  invested  on  the  2d  and  complaints  were  made 
from  above  of  the  dilatory  motions  of  the  militia. 
Mr.  Delancey  arrived  at  Albany  the  8th,  and  from 
thence  issued  orders  for  detachments  from  below. 
The  New-York  militia  was  drawn  out  for  that  pur- 
pose on  the  13th.  The  horse  and  volunteers 
marched  the  same  day,  but  the  main  body  of  seven 
hundred  did  not  embark  till  some  days  after.  While 
these  things  were  transacting,  on  the  sea  coast,  the 
garrison  capitulated  on  the  9th,  engaging  not  to  bear 
arms  in  eighteen  months. 

Lord  Howe  got  to  Fort  Edward  on  Saturday  the 
7th,  but  the  besieged  had  no  assistance,  for  the  ene- 
my came,  11,000  strong,  and  our  whole  force  in  the 
lines  about  Fort  Edward,  did  not  amount  till  the 
10th,  to  more  than  6,000. 

Mr.  Fitch  the  Governor  of  Connecticut  had  no  in- 
telligence of  this  descent  till  the  6th  August ;  but 
then  ordered  every  fourth  man  of  the  Colony  to 
march  up ;  4,000  were  to  be  detached  from  New  Jer- 
sey ;  and  Mr.  Kilby  the  contractor  arriving  at  New- 
York  on  the  14th,  for  provisions  to  support  the  multi- 
tudes who  were  on  the  way  to  Albany,  it  was  con- 
jectured that  Mr.  Webb  meant  to  take  that  opportunity 
of  advancing  immediately  to  Crown  Point,  till  Mr. 
Oliver  Deiancey,  who  had  been  despatched  that  day 
from  Albany,  arrived  on  the  18th  at  New- York,  and 
had  stopped  the  progress  of  the  reinforcements, 
and  on  the  22d  the  Lieutenant  Governor  returned  to 
the  metropolis. 

Mr.  Webb's  letter  to  Colonel  Munroe,  of  the  4th, 
advising  him  to  make  the  best  terms  be  could,  and 


^.■«.«T.-^,'.!SS**^j»,-g^35r: 


[Chap.  VI. 

flat  boats  at  St. 
aWy  filing  off  from 
communicated  this 
]cling,  that  he  ex- 
wards  (3d  August) 
er  advice  thfit  the 
m  twelve  miles  of 
elancey  embarked 
»arnt  that  the  Fort 
plaints  were  made 
)nB  of  the  militia, 
the  8th,  and  from 
lents  from  below. 
I  out  for  that  pur- 
and  volunteers 
lain  body  of  seven 
lays  after.  While 
the  sea  coast,  the 
igaging  not  to  bear 

1  on  Saturday  the 
tance,  for  the  ene- 
whole  force  in  the 
[>t  amount  till  the 

lecticut  had  no  in- 
J  6th  August ;  but 
af  the  Colony  to 
^ed  from  New  Jer- 
arriving  at  New- 
support  the  multi- 
Ibany,  it  was  con- 
ce  that  opportunity 
wh  Point,  till  Mr. 
spatched  that  day 
at  New- York,  and 
e  reinforcements, 
i^ernor  returned  to 

unroe,  of  the  4th, 
ns  be  could,  and 


1757.J      >. 


247 


and  not  sent  until  the  ilh  When  Ih- «  ■*''°'"^' 
pitulated  the  trenches  treoZ,^" iZTLT 
the  east  bastion  ot  the  Fort  anAhv  ih!  k  ."P  '". 
a  cannon   Colonel  MnnrotC  buffet  left  ^if 

these  renewed  b,  as™  an/LtVorTE^ar'  Bui 
'he  baggag;e  was  afterwards  given  up  by  Mr  Monl 

h.2i.  °  nnmanagcable  after  the  plunder  as  f« 

Srpa^ti:Lis:dt:& 

r^frtJ^:!::::  '"  ^«-^--«<J  or  the  provm J:1 

While  the  regulars  and  militia  mutually  renrn«nl, 
ed  each  other  for  the  late -disastpr   {k    ^  ^*^"' 
some  who  blamed  Mr.  Delancev  for  !r  l^^'^^^^^ 
ral  Webb's  first  intimatfo^^^^^^^^^^ 
that  the  General  was  strong  enough  to  inarch  to  hf 
besieged   forty-eight    hour!   before   thrsuL^er 
The  General  being  supported  bv  thp  RrW- i  ^      "^^ 
and  the  Lieutenani  G^vCor  tt^n^bl  onT' 
quences  unfriendly  to  his  interesfon  the  ot^hp-- Tf" 
of  the  water,  naturally  looked  to  his  Ass^mhl     ^'"^l 

he  instant  he  arrived,^despacheS  tcuKuLtr 
their  convention  ,•  and  on  the  2d  ^t^JthL  ^  ^^^ 

historical  of  hiycondu°c,.%?v,rafcS:nK 
King  had  permitted  Sir  Charles  tfardvfo  J^      i  • 

ry  to  take  all  the  measures  in  my  power,  to  strengS- 


248      ,  [Cliap.  VI. 

en  General  Webb ;  and  for  this  purpose,  I  sent  out 
my  orders  to  the  Colonels  of  thf  militia  of  Albany, 
Dutchess,  Ulster,  and  that  part  of  Orange  County 
above  the  mountains,  to  march  with  their  regiments 
to  the  assistance  of  General  Webb,  upon  his  requi- 
sition, and  to  obey  his  orders,  of  which  I  gave  him 
notice  by  letter.    In  the  night  of  the  3d  August  last, 
i  received  a  letter  from  General  Webb  of  the  30th 
July,  advising  me,  that  the  enemy  were  within  twelve 
miles  of  Fort  William  Henry,  that  he  should  imme- 
diately call  in  the  troops  at  the  different  posts  on 
Hudson's  River,  and  gave  orders  for  the  militia  of 
the  counties  to  march,  and  desiring  my  presence  at 
Albany  to  forward  them,     i  set  out  for  that  place  on 
the  rjth,  which  was  as  soon  as  I  possibly  could,  and 
arrived  there  the  8th.     On  the  »Oth  I  had  advice  of 
the  surrender  of  Fort  William  Henry,  and  as  it  was 
reasonable  to  think,  the  enemy  with  so  formidable 
an  army  and  such  a  train  of  artillery  as  they  were 
said  to  have,  would  endeavour  to  penetrate  farther 
into  this  country.     I  sent  orders  for  a  detachment  of 
five  hundred  men  from  the  city  of  New-York,  and 
West  Chester,  who  showed  a  very  becoming  spirit 
on  this  occasion.     Tffose  above  the  Highlands  had 
marched   in  consequence  of  my  former  orders  on 
General  Webb's  requisition,  and  many  proceeded  to 
Fort  Edward,  but  after  a  short  stay,  General  Webb 
informed  me,  that  all  the  militia,  except  those  from 
the  County  of  Albany,  had  united  in  a  mutinous 
manner.     I  did  all  I  could  to  stop  them,  but  with 
little  success.     This  step,  whether  arising  from  cow- 
ardice or  disgust,  or  whatever  other  motive,  deserves 
a  very  severe  animadversion,  more  especially  as  i* 
was  taken  up  at  a  time  when  the  enemy  were  still  ut 
Fort  William  Henry,  (only  fourteen  miles  distant 
from  Fort  Edward)  the  most  advanced  post  we  had 
in  that  quarter  of  the  country.     I  shall  order  a  strict 
inquiry  io  be  made  into  the  behaviour  of  the  militia, 
and  cause  the  law  to  be  put  into  execution  against 
all  delinquents.     I  left  Albany  the  2l8t,  and  as  soon 
aB  I  came  to  Ne^-York,  I  ordered  circular  letters  to 


[Cliap.  VI. 

pose,  I  sent  out 
ilitia  of  Albany, 
Orange  County 
their  regiments 
,  upon  his  requi' 
hich  I  gave  him 
?  3cl  August  last, 
ebb  of  the  30th 
ire  witliin  twelve 
he  should  imme- 
ifferent  posts  on 
for  the  militia  of 
my  presence  at 
for  that  place  on 
sibly  could,  and 
I  1  had  advice  of 
•y,  and  as  it  was 
h  so  formidable 
ry  as  they  were 
jenetrate  farther 
a  detachment  of 
New- York,  and 
becoming  spirit 
;  Highlands  had 
)rmer  orders  on 
ny  proceeded  to 
,  General  Webb 
xcept  those  from 
i  in  a  mutinous 
them,  but  with 
arising  from  cow- 
motive,  deserves 
especially  as  i*^^ 
emy  were  still  at 
en  miles  distant 
ced  post  we  had 
lall  order  a  strict 
>ur  of  the  militia, 
ixecution  against 
2l8t,  and  as  soon 
:ircular  letters  to 


1757.J 


249 


be  sent,  to  call  you  together  as  soon  aa  possible,* 
one  of  the  reasons  of  which  was,  to  recommend  to 
you  the  completing  the  regiments  in  the  pay  of4hh 
proymce  with  the  utmost  speed.  General  Webb 
having  written  to  the  other  governments  to  complete 
theirs,  as  the  troops  under  his  command  were  very 
much  lessened.  This  was  a  measure  apparently  ne- 
cessary at  that  time ;  but  as  his  Excellency  the  right 
Honourable  the  ^arl  of  Loudon,  commander  in 
chief  of  his  Majesty's  forces  in  North  America,  is 
arrived  here  with  a  bedy  of  troops,  the  necessity  of 
this  measure  ceases.  The  other  reason  of  my  call- 
ing you  is,  to  recommend  to  you  a  further  provision 
for  the  subsistence  of  the  New  York  regiments." 

The  House  only  gave  a  vote  of  credit  the  next 
day,  to  provide  after  the  first  cf  November  for  pay 
due  after  that  period,  and  adjourned. 

The  agent  by  his  despatches  of  the  16th  February, 
had  communicated  a  copy  of  the  New-Jersey  peti- 
tion, for  a  temporary  line,  and  the  report  of  the  board 
of  trade  upon  it  of  the  27th  January,  1757,  advising 
an  order  for  running  the  line  prayed  for;  and  first, 
that  the  Governor  of  the  two  provinces  be  command- 
ed to  suppress  and  prevent  all  tumults  on  the  bor- 
ders.   Second,  that  all  possessions  remain  in  statu 
quo.    Third,  that  the  governor  of  New- York  issue 
patents  for  vacant  lands  on  the  north  side  of  the 
temporary  line,  and  that  the  proprietors  grant  on  the 
south,  making  a  deposit  of  the  profits ;  and  fourth, 
that  six  months  be  allowed  to  New-York  to  provide 
for  the  expense  of  a  final  line.    The  report  recited 
that  the  allegations  of  the  proprietors  had  been  ve- 
rified by  Sir  Charles  Hardy,  and  that  Mr.  Charles, 
styling  himself  agent  for  the  assembly  of  New  York, 
owned  that  he  had  no  authority  to  join  in  the  expense 
of  a  commission,  and  therefore,  had  submitted  to 
such  directions  respecting  a  temporary  line,  as  to  his 
Majesty  should  seem  proper.    The  agent  wrote— 
"I  prayed  for  further  time  before  their  Lordships 
proceeded  upon  the  Petition,  in  hopes  of  hearing 
the  resolution  of  your  House,  touching  the  method 

^32 


»*<r--  mwn  wmmmi 


250 


[Chap.  VI. 


you  proposed  for  the  division  of  this  matter,  as  I  have 
repeatedly  applied  to  you  for  explicit  and  positive 
dirdfctions  herein,  but  remaining  hitherto  without 
any  instruction  on  that  head,  and  reflecting  that  by 
the  act  passed  in  your  Colony,  (though  disallowed 
here)  you  had  left  the  establif*hmenl  of  the  line  of 
property,  as  well  as  of  jurisdiction,  to  the  direction 
of  his  Majesty  ;  it  was  not  practicable  for  me  to  op- 
pose a  temporary  line  of  jurisdiction,  or  to  prevent 
the  issue  this  aflTair  has  taken." 

Nor  was  th<'  Assembly  at  the  same  time  unap- 
prised of  the  expediency  of  some  alteration  of  the 
eastern  boundary,  disputed  by  the  Massachusetts 
Bay.  For  Mr.  Charles,  on  the  1 1  th  May,  added,  "  I 
am  now  to  acquaint  you,  that  upon  the  representation 
of  Sir  Charles  Hardy  to  the  Lords  of  Trade,  of  di- 
vers outrages  committed  on  the  borders,  between 
your  Colony  and  the  Massachusetts  Bay,  by  his  let- 
ter of  the  22d  December  last,  accompanied  with  a 
report  of  your  Commissioners  at  Albany,  in  1754, 
\i  and  a  map  of  the  country,  all  which  have  been  com- 

^l"  municated  to  the  respective  agents,  and  having  at- 

tended their  Lordships  on  the  subject,  which  I  en- 
l  deavoured  to  show  the  inclinations  of  your  Province, 

if  to  bring  this  matter  to  an  amicable  accommodation ; 

'i  first,  by  imparting  to  the  Governor  of  the  Massachu- 

setts Bay,  the  claim  of  New  York,  as  stated  in  the 
report  of  the  Committee  of  your  Council,  of  the  28th 
February,  1753,  which  were  rejected  by  the  Com- 
missioners of  the  Massachusetts  Bay,  without  any 
reason  assigned,  or  their  stating  their  own  claims 
and  pretensions.  Their  Lordships  delivered  their 
opinion  of  a  boundary  line,  proper  to  be  established 
between  the  two  governments,  as  contained  in  an  ex- 
tract of  their  Lordships' journal;  whereof  I  send  a 
copy  enclosed,  touching  which,  it  is  probable  I  may 
receive  the  sentiments  of  your  Colony  before  the 
report  of  the  board  obtains  the  sanction  of  the  King 
in  Council." 

The  Extract  was  in  these  words—"  Extract  of  the 
Journals  of  the  Proceedings  of  the  Lords  on  Tues- 
day the  27th  March  1757.,       ♦ 


1 


[Chap.  VI. 

latter,  as  I  have 
•it  and  positive 
itherto  without 
fleeting  that  by 
ugh  disallowed 
)t  of  the  line  of 

0  the  direction 
lie  for  me  to  op- 
I,  or  to  prevent 

ime  time  unap- 
Iteration  of  the 
3  Massachusetts 
May,  added,  "  I 
le  representation 

of  Trade,  of  di- 
)orders,  between 

Bay,  by  his  let- 
9mpanied  with  a 
Albany,  in  1754, 

1  have  been  com- 
s,  and  having  at- 
ect,  which  I  en- 
of  your  Province, 
accommodation ; 

'  the  Massachu- 
as  stated  in  the 

.uncil,ofthe28th 
ted  by  the  Coni- 
ay,  without  any 
leir  own  claims 
delivered  their 
to  be  established 
mtained  in  an  ex- 
(vhereof  I  send  a 

js  probable  I  may 
DJony  before  the 
ction  of  the  King 

—"Extract  of  the 
Lords  on  Tues- 


1757.] 


251 


"Their  Lordships  took  into  consideration  the  pa- 
pers relating  to  the  dispute  between  the  Province  of 
iSew-York  and  Massachusetts  Bay,  concerning  their 
boundary  line ;  and  the  agents  attending  as  desired, 
were  called  in,  and  their  Lordships  after  having 
heard  what  they  had  to  offer,  and  read  and  consider- 
ed the  grant  to  the  Duke  of  York,  in  1663-4,  and  the 
Massachusetts  Charter,  granted  in  1691,  and  also  a 
letter  from  Colonel  NichoUs,  Governor  in  New- York, 
to  the  Duke  of  York,  dated  in  November  1665,  to 
hear  and  determine  certain  points  in  dispute,  amongst 
the  New-England  Governments,  which  papers  are 
upon  record  in  this  office ;  delivered  it  to  be  their 
opinion,  that  a  straight  line,  to  be  drawn  northerly 
from  that  point,  where  the  boundary  line  between 
New- York  and  Connecticut  ends,  at  twenty  miles 
distance  from  Hudson's  River,  to  another  point  at  the 
same  distance  from  the  said  river,  on  that  line  which 
divides  the  Provinces  of  New-Hampshire  and  Mas- 
sachusetts Bay,  will  be  a  just  and  equitable  line  of 
division  between  the  said  Province  of  New-York  and 
the  Massachusetts  Bay ;  and  Mr.  Bollan  being  asked 
if  he  had  any  objections  thereto,  desired  time  to 
consider  of  it,  and  that  he  might  have  their  Lord- 
ships* opinion  in  writing,  and  also  copies  of  their 
authorities  upon  record,  on  which  that  opinion  was 
founded,  which  was  agreed  to  by  their  Lordships^ 
and  that  copies  should  be  likewise  given  to  Mr. 
Charles,  agent  for  New- York,  and  then  the  agents 
withdrew.     Governor  Nicholls'  letter  was  this — 

"  I  have  formerly  rendered  account  of  the  division 
and  settlement  of  bounds  between  your  Royal  High- 
ness and  the  Patent  of  Connecticut,  made  by  His 
Majesty's  Commissioners  and  the  Governor  and 
Council  of  Connecticut,  wherein  five  towns  were  re- 
linquished in  Connecticut  by  virtue  of  their  for- 
mer grant  from  His  Majesty;  although  the  said 
tracts  of  land  were  given  to  your  Royal  Highness  to 
the  utter  ruin  of  that  Colony,  and  a  manifest  breach 
of  their  later  patent,  which  determination  was  a  lead- 
ing case  of  equal  justice,  and  of  great  good  conse- 


252 


[Chap.  VI. 


[I 


1^' 


quence  in  all  the  colonies ;  and  therefore  we  werr 
assured  would  be  unacceptable  service  to  your  Roy- 
al Highness,  so  that  to  the  6ast  of  New-York  and 
Hudson's  River,  nothing  considerable  remains  to 
your  Royal  Highness,  except  Lon^  Island,  and  about 
twenty  miles  from  any  part  of  Hudson's  River.  I 
look  therefore  upon  all  the  rest  as  empty  name,  and 
places  possessed  forty  years  since  by  former  grants, 
and  of  no  consequence  to  your  Royal  Highness,  except 
all  New  England  could  be  brought  to  submit  to  your 
Koyal  Highness's  Patent." 

The  report  of  the  Commissioners  appointed  in 
1664,  to  visit  the  New  England  Governments,  relating 
to  the  bounds  of  the  Massachusetts  Colony,  was  also 
transmitted  by  the  agent,  running  thus — 

"  This  Colony,  which  has  engrossed  the  whole 
trade  of  New-England,  is  therefore  the  richest ;  hath 
many  towns,  but  not  one  regularly  built  within  its 
just  limits;  which  the  Commissioners  find  to  be 
Siwanet  Brook  on  the  south-west,  and  Merrimack 
River  on  the  north-east;  and  two  right  lines  drawn 
from  each  of  those  two  places,  till  they  come  within 
twenty  miles  of  Hudson's  River,  for  that  river  is 
already  planted  and  given  to  his  Royal  Highness." 

The  Speaker's  letter  of  12th  September,  ack- 
nowledges the  receipt  of  these  letters,  adding, "  I 
am  to  acquaint  you,  that  you  are  fallen  greatly 
under  the  censure  of  the  General  Assembly,  for  not 
objecting  to  the  line  of  the  year  1617,  being  the  tem- 
porary line  of  jurisdiction  between  this  Colony  and 
that  of  New-Jersey,  as  you  were  long  since  well  in- 
formed that  this  Colony  always  rejected  that  line. 
A  Committee  is  appointed  to  examine  and  consider 
the  New-Jersey  Petition  on  that  head,  and  to  give 
proper  instructions  upon  it."  This  is  proved  by  the 
journal.  But  why  another  was  not  charged  with  the 
care  of  the  proprietors,  affected  by  an  opinion  of 
the  Lords  of  Trade,  I  leave  to  the  reader's  conjec- 
tures, after  remarking,  that  the  Delancey  family,  who 
were  interested  in  the  New-Jersey  controversy,  had 
not  the  same  motives  to  stimulate  their  attention, 


1 


-  7- -?-■:-? -r^*  ■•-■=S^i«t«Jf5®i¥«W:ift»':^H^-,?^ 


'"^nmmm 


[Cliap.  VI. 

ereforc  we  werr 
ice  to  your  Roy- 
f  New-York  and 
able  remains  to 
Island,  and  about 
dson's  River.  I 
impty  name,  and 
tiy  former  grants, 
Highness,  except 
,o  bubmit  to  your 

rs  appointed  in 
rnments,  relating 
Colony,  was  also 
us — 

)S8ed  the  whole 
he  richest ;  hath 
r  built  within  its 
tiers  find   to  be 

and  Merrimack 
ight  lines  drawn 
hev  come  within 
for  that  river  is 
j^al  Highness." 
September,  ack- 
tters,  adding, "  I 
re  fallen  greatly 
^Lssembly,  for  not 
7,  being  the  tem- 

this  Colony  and 
ng  since  well  in- 
jected that  line, 
line  and  consider 
ead,  and  to  give 

is  proved  by  the 
charged  with  the 
jy  an  opinion  of 

reader's  conjec- 
ncey  family,  who 
controversy,  had 
}  their  attention, 


1 


1757.]      ,  \j53 

to  that  with  the  Massacluisetts  Bay,  and  were  per- 
haps disinchned  to  counteract  Mr.  Secretary  Pow- 
nall,  who,  to  ingratiate  his  brother  with   the  peo- 
ple, over  whom  he  was  set,  discovered  a  great  desire 
to  abridge  the  old  claim  of  New- York  to  ail  the  coun- 
try between  this  twenty  mile  line  and  Connecticut 
Kiver.     Mr.  Jones,  indeed,   leads  Mr.  Charles   to 
expect  a  letter  upon  this  subject,  from  the  New- York 
Commissioners,  but  the  journal  does  not  warrant  his 
suggestion.     The  committee  on  the  other  subject, 
were   the   interested  members  of   New-York  and 
Orange  County,  who  sharply  reprehended  the  -^gtnt 
lor  not  opposing  the  report  respecting  a  temporary 
hne,  in  a  letter  drafted  by  Mr.  Scott,  25th  October. 
Hut  the  House  would  have  better  consulted  the  in- 
terests of  the  Colony,  by  bills  providing  for  the  ex- 
pense of  Commissioners  for  settling  all  their  contested 
hmits,  though  the  session,  instead  of  two  had  been 
prolonged  to  ten  days. 

The  Board  of  Trade  shortly  after  changed  their 
opinion,  and  adopted  a  still  more  disadvantageous 
one  to  this  Colony,  as  appeared  by  the  following  ex- 
tract from  their  journals  of  10th  May,  1751  : 
"The Secretary  acquainted  their  Lordships,  that 
»!f"^i"  consequence  of  their  orders  communicated 
to  Mr.  BoUan,  agent  for  the  Massachusetts  Bay,  their 
resolution  of  the  27th  March  last,  with  respect  to  the 
boundary  line  between  the  said  province  and  New- 
York;  he  acquainted  him  that  upon  consideration 
thereof,  and  ot  the  papers  relating  to  the  adjustment 
of  the  line  between  the  Province  of  New-York  and 
Connecticut,  he  had  found  that  though  it  did  appear 
to  have  been  the  primary  intention  in  that  settlement, 
that  the  line  should  be  twenty  miles  from  Hudson's 
River,  yet  the  Province  of  New- York,  having  agreed 
that  Connecticut  should  continue  in  possession  of 
the  town  of  Greenwich,  apfl  a  tract  of  land  adjacent 
thereto,  at  the  south  end  of  the  line,  the  Province  of 
Connecticut  had,  in  consideration  thereof,  yielded  to 
them  a  tract  of  land  lying  upon  the  northern  part  of 
said  line,  commonly  called  the  Oblong;  so  that  in 


"'^  W'^^miifil^nllP*!!  «L  lltWlJ^  4«(RlMl 


w»iB>f*y^»ii«»,  *P.j^wpwwM>pipipwyi<wwi^w»'y' 


254 


[Chap.  VI. 


V§l 


his  apprehension,  the  said  boundary  line  was  at  more 
than  twenty  miles  distance  from  the  said  Hudson's 
River;  and  therefore  he  submitted,  whether  the 
drawing  the  boundary  line  between  New- York  and 
Massachusetts  Bay  from  the  north  end  of  the  said 
Connecticut  line,  as  described  in  the  board's  resolu- 
tion of  the  27th  March,  would  not  be  in  some  mea- 
sure inconsistent  with  the  facts  and  evidence  upon 
which  that  resolution  was  founded,  and  thought  it 
necessary  to  have  their  Lordships'  sentiments  upon 
this  matter,  before  he  could  form  any  opinion  upon 
the  general  proposition. 

"Their  Lordships,  upon  consideration  o.  . hat  had 
been  represented  by  Mr.  BoUan,  agreed,  that  a 
straight  line,  to  be  drawn  northerly  from  a  point  on 
the  south  boundary  line  of  the  Massachusetts  Bay, 
twenty  miles  distant,  due  east  from  Hudson's  River, 
on  that  line  which  divides  the  provinces  of  New- 
Hampshire  and  Massachusetts  Bay,  will  be  a  just 
and  equitable  line  of  division  between  the  said  rro- 
vinces  of  New-York  and  Massachusetts  Bay." 
'•  This  opinion  being  approved  by  the  privy  Council, 
and  producing  a  letter  from  the  Secretary  of  State, 
recommending  that  line  to  both  provinces,  the  sequel 
will  show  that  we  never  could  remove  this  obstacle 
to  the  extent  of  our  claim,  even  so  far  eastward.as  to 
cover  several  ancient  patents  under  this  Colony. 
-  The  disgrace  incurred  by  the  British  troops,  si- 
lenced their  invectives.  His  Lordship  had  done 
nothing  against  Louisburgh,  and  was  censured  by  his 
whole  army.  On  the  first  intelligence  of  Montcalm's 
attack,  he  wrote  to  Mr.  Pownall,  who  had  lately 
arrived  as  Governor  at  Boston,  that  he  intended  to 
encamp  on  Long  Island  for  (he  defence  of  the  continent ; 
and  that  Governor  on  the  other  hand,  was  in  such 
consternation,  as  to  give  orders  for  the  driving  in  all 
the  live  stock  in  the  westj  |o  the  east  side  of  Con- 
necticut River;  and  it  had  taken  air,  that  Mr.  Webb 
had  intimidated  his  troops,  by  sending  his  own  bag- 
gage to  Albany,  declaring  his  intention  of  retreating 
one  hundred  and  sixty  miles  down  the  river  to  the 


rnfii  .-o-^-'ftjii  ip.  WV.  ri»«iWT*J  tei^s-ti*i>.i3»-*«i 


[Chap.  VI. 

line  was  at  more 
s  said  Hudson's 
d,  whether  the 
I  New- York  and 
end  of  the  said 
;  board's  resolu- 
be  in  some  mea- 
I  evidence  upon 
and  thought  it 
sentiments  upon 
ny  opinion  upon 

tion  o.  .  hat  had 
agreed,  that  a 
from  a  point  on 
3sachusetts  Bay, 
Hudson's  River, 
>vinces  of  New- 
i-,  will  be  a  just 
en  the  said  rro- 
Btts  Bay." 
le  privy  Council, 
jretary  of  State, 
inces,  the  sequel 
ve  this  obstacle 
r  eastward.as  to 
this  Colony, 
ritish  troops,  si- 
Iship  had  done 
censured  by  his 
e  of  Montcalm's 
who  had  lately 
t  he  intended  to 
e  of  the  continent ; 
kd,  was  in  such 
he  driving  in  all 
st  side  of  Con- 
,  that  Mr.  Webb 
ng  his  own  bag- 
ion  of  retreating 
the  river  to  the 


1757.1 

-'  255 

Highlands,  and  within  sixty  miles  of  the  metropolis 
wi«hp/'''''^'"r  ^.u^^  .impression  the  Assembly 
Zm  i  Q^^^'f  ^  **?•'  *""«'  •"  England,  appcarn 
from  the  Speaker's  letter  to  the  agint  of  the  J  2th 
September  «  As  to  our  military  operations,  we  are 
8t.fl  on  the  osing  side.  Fort  v/illiam  Henri  on  the 
back  of  Lake  George,  being  taken  and  demXled 
by  the  enemy,  after  a  siege  of  eight  days,  with  no 
great  loss  of  men  on  either  side,  ft  surrendrred  on 
cap.tulat.on,  by  which  the  French  became  masters 

?odlp/«n'  ^'*'"^'^'  ^"^  ^"  "^^  ''^'^'-  Here  were 
lodged  all  our  cannon  and  stores  intended  against 

H«^r  '^Tk-  J^y  ^""'^  L«"^«"  •«  arrived  ^rom 
Halifax,  without  any  attempt  on  that  side.    It  is  said. 

fnr.fr'"'? i7^  V-^P^"^*"  *°  "''  ^'^t*'  •»  land  and  sea 
W  J*"."''  **;''  ^^^'"Pa'g"  is  like  to  end  as  did  the 
last,  with  loss  to  poor  America.  It  seems  very 
strange  to  us,  that  tfe  French  can  send  such  large 
supplies  to  America  and  always  before  us,  notwitfi- 
standing  the  great  superiorit/ of  the  Bri  ish  navy. 

Sif  •/*''?  *^"'/  ^^   ^S••^^*  ^^""--^  somewhere 
which  f  not  timely  remedied,  may  probably  end  i, 

the  entire  loss  of  the  English  America.  However 
we  live  still  in  hopes  that  the  next  year's  succours 
will  be  stronger  and  arrive  earlier,  our  provincial 
forces  were  ready  in  April,  so  that  rm  blaL  can  be 
fidings.»'°''-  '  ^''^  '"y  next  may  give  you  better 
Mr.  Delancey's  vindicatory  speech  was  the  more 
necessary,  as  he  knew  that  his  public  conduct  had 

ritl.1  qI"  rT°''^^  ''^*"^^^'  ^"d  l^i«  arts  during 
Sfmnhli.  'l?  1  command,  were  disclosed  by  I 
pamphlet,  published  in  London,  under  the  title  of 
"A  review  of  the  military  operations  in  North  Ame- 

the^n^h^  M^''  '"  ^  P"''^^^  ^^"^•'  *^  tl^e  Speaker  of 
the  nth  May,  accompanying  a  copy  of  it,  writes 
there  has  been  lately  publisSed  heiS^a  piece  which 
I  shaJ  send  you,  entitled,  a  review,  &c  This  pro- 
duction comes  from  New-York,  and  has  been  Imnded 
to  the  press  by  Mr.  Alexander,  as  he  acknow  edged 


!■«; 


i*^  i?.t.f V-.  i™««|»i*J*tj'r*-3«ji;ii»-- 


;l>' 


LChap.  VI. 

to  Mr.  Pownall,  Secretary  to  the  Board  of  Trade. 
There  is  a  virulency  against  several  private  charac- 
ters, ami  some  reflections  on  the  proceedings  of  your 
association,  extremely  indecent.  I  believe  the  Gov- 
eiuor  of  Massachusetts  Bay  is  put  in  a  fair  way  by 
his  brother  uf  discovering  the  author. 

No  reply  was  ever  made  to  it.  Mr.  Jones'  letters 
take  no  notice  of  it.  Secretary  Pownall,  by  menac- 
ing Dodsley  the  printer,  traced  it  to  Mr.  William 
Alexander,  who  denied  his  being  the  author ;  but 
asserted  that  he  knew  most  of  the  suggestions  to  be 
true,  and  these  facts  not  alleged,  which  convinced 
him  that  his  brother  the  Governor,  for  whom  he 
interposed,  deserved  the  character  it  exhibited. 
The  pa.nj^hlet  coming  out  wh^n  America  was  little 
»;»!  known,  and  transactions  here  still  less,  was  univer- 

sally read  and  talked  of  in  London,  and  worked  con- 
sequences of  private  and  public  utility. 

General  Shirley  emerged  from  a  load  of  obloquy.* 
His  extensive  designs  acquired  advocates ;  his  suc- 
cessors became  cautious  and  vigilant;  the  nation 
suspicious  and  inquisitive.  His  Assembly  awed. 
Party  spirit  less  assuming,  and  the  multitude  so  en- 
lightened, that  several  changes  were  made  on  the 
next  dissolution. 

The  inefficacy  of  the  measures  hitherto  pursued 
in  America,  filled  the  colonies  with  distrust ;  but  few 
discerned  the  true  cause  of  our  disasters.  They  are 
hinted  at  in  a  letter  of  that  day — "  fTo  the  scandal  of 
the  present  age  will  history  account  these  losses, 
sustained  by  a  people  who  hud  it  in  their  power  to 
extirpate  the  whole  French  Colony  at  their  pleasure. 
You  know,  and  every  mafti  here  knows,  that  we  might 
have  raised  forty  thousand  men  on  such  a  design,  if 
our  strength  was  united,  a  number  equal  to  all  the 


'''  A  board  of  general  officers  had  been  ordered  to  inquire  into  his  con- 
duct, and  the  secretary  at  war  was  comraaDdcd  to  make  out  the  warrant 
for  it.  Mr.  Shirley  often  urged  for  it,  and  after  repeated  application^, 
was  told  that  it  could  not  be  done,  since  there  was  nothing  charged  against 
hinr). 

ir  It  was  written  by  the  author  August  1757,  to  a  gentlemao  in  London. 


[Chap.  VI. 

Joard  of  Trade. 
I  private  charac- 
ceediiigs  of  your 
believe  the  Gov- 
n  a  fair  way  by 
r. 

Ir.  Jones'  letters 
ynall,  by  menac- 
to  Mr.  William 
the  author;  but 
uggestioDs  to  be 
i^hich  convinced 
',  for  whom  he 
er  it  exhibited, 
nerica  was  little 
less,  was  univer- 
xud  worked  con- 
lity. 

3ad  of  obloquy.* 
ocates ;  his  suc- 
ant;  the  nation 
JLSsembly  awed, 
multitude  so  en- 
made  on  the 


•e 


litherto  pursued 
listrust ;  but  few 
ters.  They  are 
b  the  scandal  of 
int  these  losses, 
I  their  power  to 
it  their  pleasure. 
fs,  that  we  might 
such  a  design,  if 
equal  to  all  the 


to  inquire  into  his  con- 
make  out  the  warrant 
repeated  application^, 
lothing  charged  against 

gfentlemaa  in  London. 


J7i7.J 


*>'»? 

«.•!# 


tHected  by  a  law  for  the  cstabiishinont  of  an  Ameri- 
can parl.ament.     While,  each  colony  is  left  to  div^.rt 
itsell  with  Its  private  contentions,  tUv  common  in- 
terest must  suffer ;  whereas  a  convintion  of  n.embors 
iromeach,    oragenenil  representation  of  all,  would 
extn.gu.sh  the  party  disputes  nowHuhsisti,^^     Pe    w 
sylvania,  k  colony  of  fifty  thousand    figh  ing  men 
mus    then  do  her  part;  and  when  that^lay?Jawns' 
the  httle  tyrants  of  the  respective  colonies^Tdir' 
away  w.th  these  projects,  and  our  affairs  be  well  Z 
nnderstpod  m  England.    You  have  a  Board  of  Trallo 
and  their  Lordships  are  presumed  to  have  the  bc*t 
acquaintance  with  the  true  state  of  America.     We 
.ave  fifteen  colonies  on  the  Continent  alone;  each 
nittfn'T'^''  **'^"r^"'  ^^'^^^  Legislature,  all  trans- 

Uiiice.  These  must  all  be  read  for  infbrmation  con- 
cermng  our  state.  But  is  it  possible  for  <!.at  board 
Zu\%'''^'''^  ^  <^»^^ovy  perusn]  of  the  papers  trans- 
mitted  ?  and  yet  something  more  than  that  is  /.cccssa- 
ry.  1  conclude  from  these  premises,  that  their  Lorti- 
ships  do  not  know  the  state  ol"  America.  Consider, 
besides  that  their  acts  aflect  a  hodv  which  is  in  to- 

iTihl"";  V       ''•''  *^o»fquence  ?    A  law  for  the  estab- 
lishment of  a  union,  I  know,  requires  the  ablest  heads. 
1  arJiament  is  sufficient  for  the  task.     I'he  defects  of 
the  first  plan  will  be  supplied  by  experience.     The 
iiritish  constitution  ought  to  be  the  model ;  and  from 
our  knowledge  of  its  fliults,  the  American  one  may 
perhaps,  rise  with  more  health  and  soundne  .  i„  its 
first  contexture,  than  Great  Britain  will  everonjoy." 
1  he  Earl  went  to  Albany  on  the  20th  of  October,* 
and  thence  for  a  few  days  visited  Fort  Eduard,  and 
there  met  Colonel  Peter  Schuyler,  wlio  was  made 

flT  ooT  n  ^^  V"''*'"'!'''"  o^O-^^^^^ffo.    He  left  Queber 
the  22d  October,  and  reached  New-York  the  19th 


I 


*  Governor  Morris  sailed  for  England  4th  October,  to  animate  th^  n,! 
ministration  to  an  expedition  against  Canada.  ' 

33 


2.J8 


[Civ.r'.  vi. 


if 


I* 


Novenibor,  upon  Ins  pan^lo,  lo  return  in  May,  i.:iof!'5 
a  cartel  was  pcltlod.  The  troops  from  Halifax,  on 
their  return,  were  imrnodiately  ordered  to  Albany. 
His  Lorthhip  posted  but  one  hundred  and  fifty  men 
at  Herkimer,  a  little  linrt  about  one  hundred  miles 
west  of  Albany  ;  and  Monicahn,  taking  advantage  of 
their  public  influence  on  the  .Six  Nations,  debauched 
five  hundred  from  the  four  remote  cantons  of  the 
Oneidas,  Onondagas,  Cayugas  and  Senecas,  to  join 
a  French  party  who  fell  upon  the  German  Flats  on 
the  15th  oi  November,  massacred  and  carried  others 
into  captivity,  and  broke  up  several  families  of  thai 
settlement ;  and  thus  ended  the  unfortunate  year  of 
1757.  His  Lordship  cantoned  his  troops  in  several 
of  the  provinces  with  such  a  magisterial  tone  as  gave 
fresh  and  general  offence.  From  the  civil  depart^ 
ment  he  met  with  no  opposition.  Their  pusillanimi- 
ty or  their  interestii,  made  them  silent  and  inactive 
until  the  multitude  exulted  at  the  news  which  not 
loi^  after  arrived,  of  his  being  recalled  to  England. 

Before  the  close  of  this  unfortunate  year,  Mr.  Dc- 
lancey  had  another  interview  with  his  Assembly. 

The  small-pox  prevailing  in  the  centre  of  the  cap- 
ital, he  convened  them  in  the  suburbs ;  and  as  it  was 
ludicrously  said,  at  his  own  kitchen.  The  truth  is, 
they  met  on  the  6th  December  in  an  out-house,  occu- 
pied by  the  overseer  of  his  own  farm  upon  the  skirts 
of  the  town. 

One  of  the  main  designs  was  to  procure  an  indem- 
nity for  himself  and  the  Council,  for  diverting  £2000, 
which  had  been  appropriated  for  fortifications,  from 
that  use,  for  the  construction  of  barracks,  that  private 
families  might  be  delivered  from  the  inconvenience 
of  the  soldiers  billeted  upon  them  by  the  noble 
general  at  the  head  of  the  army,  and  which  they 
ventured  to  draw  out  of  the  treasuiT  at  the  re- 
quest of  the  city  corporation,  who'had  engaged  to 
replace  it.  But  he  held  up  other  objects  to  then* 
attention.  The  salaries  of  the  year,  the  defence  of 
the  western  frontiers,  the  maintenance  of  the  prison- 
ers, restraining  the  King's  troops  from  intemperance. 


I 


T.'L'iv»wW|wiiei.<    wi^Miwi  ■  ■ 


lCI'.i..  vr. 

n  in  May,  i. licsfj 
roin  Halifax,  on 
cred  to  Albany, 
ed  and  fifty  men 
3  hundred  milcB 
ing  advantage  of 
:ion»,  debauched 
cantons  of  the 
Senecas,  to  join 
Jermnn  Flats  on 
)d  carried  others 
I  families  of  that 
ortunatc  year  of 
roops  in  several 
rial  tone  as  gave 
he  civil  depart- 
heir  pusillanimi- 
fnt  and  inactive 
news  which  not 
led  to  England. 
^e  year,  Mr.  Dc- 
3  Assembly, 
intre  of  the  cap- 
)S ;  and  as  it  was 
The  truth  is, 
out-house,  occu- 
I  upon  the  skirts 

ocure  an  indem- 
cliverting£2000, 
'tifications,  from 
tcks,  that  private 
J  inconvenience 
(1  by  the  noble 
ind  which  they 
isuiT  at  the  re- 
had  engaged  to 
objects  to  their 
,  the  defence  of 
:e  of  the  prison- 
n  intemperance. 


1  im.] 


il59 


1 


the  regulations  of  the  staples  ol  Hour,  beef,  pork, 
and  butter,  a  stricter  militia  law,  the  coi.tinuanct: 
ot  the  excise  upon  tea  and  the  stamp  duty,  a  poll 
tax  upon  negro  slaves,  and  a  tormagr  duty  on  all 
vessels,  not  excepting  those  from  Great  Britain. 

Several  laws  for  ordinary  cases  were  paired,  to- 
wards tlie  end  of  the  month,  and  among  them,  one  to 
prolong  the  currency  of  the  billj  of  credit,  the  royal 
intnbition  notwithstanding,  "utiout  the  least  hesita- 
tion. 

To  the  Lieutenant  Governor,  the  Assembly  gave 
an  augmented  salary  of  £1800,  and  £400  more  un- 
der the  pretext  of  fire  and  light  for  the  independent 
companies  now  scattered  through  the  provinces,  and 
the  sum  of  £50  was  added  to  the  puisne  judges'  sala- 
ries, as  a  consideration  for  their  extraordinary  ser- 
vices, unassisted  as  they  were,  by  the  Chief  Justipe's 
absence  from  the  bench.     And  the  day  before  they 
J,9«^' jare  was  taken  to  order  the  Speaker  to  write  to 
&ir  Charles  Hardy,  who  went  from  Halifax  to  Ens- 
land,  to  answer,  as  it  was  conjectured,  the  double 
purpose  of  preserving  his  commission  and  prolonginff 
nis  return.  °    ° 

Mr.  Jones's  letter  was  doubtless  very  agreeable  to 
our  Admiral,  just  arrived  from  an  unsuccessful  expe- 
dition. I  transcribe  it  here,  and  insert  beneath  the 
one  trom  the  agent  that  covered  it.* 


'  '^i':— Enclosed  you  liave  a  letter  to  Sir  Charles  Hardy,  our  late  Goven- 
or,  which  you  are  to  del  ver  to  him  with  your  own  hands/and  to  c^on^^^^^^ 
advise  w.th  him  m  affairs  relating  to  this  Colony.     We  are  Sv  sm-- 

J^n    '"  "'  /  "L"'t  ^°"^'^''P'  '■"■■  t'-'"'«  """J  plantations  J.a^en.ade  a 
wWh    '^^'Vl^'  Majesty  oa  the  afTair  of  the  Massachusetts  line,  by 

r5 1\    /r*"f''^  ^T '  '*"^''''  ''^*=''"««  *>y  •»>«  """"e  ot  Hudson'  Rim 
a  due  east  line  from  the  stations,  we  are  to  run  from  and  to,  will  fdl  some 

"^^.tjlf  twenty,  which  by  the  first  report  we  were  to  have  YouTrc 
ThTrZ,^,r  ^T  "''•  «"''«»''<"^  »°  P'-event  such  a  loss  to  Uiis  Colony! 
W  '^'Sr™'"^^  ''f  commissioners  will  write  more  largely  to  you  on  this 
head.  We  are  alsogreatly  surprised,  that  this  affairshould  be  transacted 
without  your  privity,  (which  we  must  .appose  to  be  the  case)  because 
you  hare  given  us  no  notice  of  it.  If  you  knew  of  it.  you  have  been  great  v 
deficient  in  your  duty,  and  are  justly  liable  to  censure  for  not  omW 

r«fir'*"*V"""^  "!  "'"^  •'•  '^^^  """^^  •'»''«  ""t  3'et  finished  Ihc'bu  i" 
aess  before  them,  nnd  are  to  meet  Eoon  after  the  bolidavs.    Aftc    tha  I 


260 


[Chap.  VI, 


iNew- York,  24th  Dec.  1757. 


5ir, 


By  the  enclosed  miiuites  you  will  see  the  author- 
ity 1  have  to  write  to  you,  in  the  name  of  the  General 
Asfiombly  of  this  his  Majesty's  Colony;  and  I  assure 
you,  Sir,  that  it  is  with  the  utmost  pleasure  I  execute 
this  authority,  in  a  grateful  acknowledgment  of  your 
past  and  steady  attention  to  the  public  service  of  the 
Colony  from  the  first  moment  of  your  arrival  in  it. 
My  station  of  speaker  to  the  General  Assembly  dur- 
ing your  whole  administration,  furnished  me  with 
frequent  opportunities  of  observing  with  pleasure, 
that  the  weliare  and  prosperity  of  his  Majesty's  sub- 
jects committed  to  your  care,  was  your  chief  and 
j)rincipal  study.  Surely  no  Governor  ever  attended 
the  public  service  with  more  assiduity,  or  more 
speedily  pursued  the  good  of  those  he  governed. 
This,  Sir,  assures  us  that  though  you  have  left  us, 
you  will  not  forget  us,  but  will  on  every  suitable  occa- 
sion assist  our  agent,  Mr.  Robt.  Charkv-;,  on  what  may 
relate  to  this  Colony,  and  represent  us  in  a  favorable 
light  to  our  most  gracious  Sovereign,  to  whose  per- 
son, family  and  government,  this  Colony  has  a  most 
sincere  andinviolable  attachment.  1  do,  in  the  name 
of  the  General  Assembly,  most  heartily  congratulate 
you  on  your  preferment  in  his  Majesty's  navy,  and 
assure  you,  that  you  have  their  most  ardent  wishes, 
and,  1  am'  persuaded,  of  the  w  hole  province ;  that 
success,  honor,  and  happiness,  may  attend  you  in 
that  and  every  other  station  to  which  Divine  Provi- 
dence shall  call  you. 

While  we  were  in  suspense  respecting  the  plan 
expected  for  the  operations  of  the  ensuing  year,  the 
military  officers  indulged  great  heats  concerning  the 
inactivity  of  the  last  campaign.     Lord  Charles  Hay 


expect  to  write  to  you  again  on  the  affair  of  the  Jersey  line  also.  An 
oi-der  is  made  out  for  your  last  year's  allowance,  and  the  same  continued 
for  another  year  ;  but  how  it  will  be  after  that  I  cannot  say.  The  House 
]iave  not  proceeded  to  the  examination  of  accounts,  when  they  do,  you 
»viu  fall  uuder  consideration. 


[Chap.  VI. 

ork,  24th  Dec.  1757. 

ill  see  the  author- 
me  of  the  General 
ony ;  and  I  assure 
pleasure  I  execute 
vicdgment  of  your 
blic  service  of  the 
your  arrival  in  it. 
ral  Assembly  dur- 
irnished  me  with 
[ig  with  pleasure, 
his  Majesty's  sub- 
is  your  chief  and 
nor  ever  attended 
ssiduity,  or  more 
ose  he  governed, 
you  have  left  us, 
ery  suitable  occa- 
irle.;,  on  what  may 
it  us  in  a  favorable 
ign,  to  whose  per- 
^olony  has  a  most 
1  do,  in  the  name 
irtily  congratulate 
ajesty's  navy,  and 
ost  ardent  wishes, 
le  province;  that 
lay  attend  you  in 
lich  Divine  Provi- 

specting  the  plan 
ensuing  year,  the 
its  concerning  the 
jord  Charles  Hay 


le  Jersey  line  also.  An 
,  and  the  same  continued 
cannot  say.  The  House 
lots,  when  they  do,  you 


led  a  party  at  Halitax  in  severe  retlecfinnc,  «„  n 
Earl  of  Loudon.    Their  animositLs  JpreaT  o  Ne t 
York ;  and  among  the  discontented,  no  man  mZi 
m  greater  liberties  than  Mr.  Lee   thrn  n  I-.k  i^ 
who  did  not  restrain  himself  n  he  m,oncoft  I  h''"' 
from  calling  it  the  Cabbage  pLiH^rFw^^^^^^^ 
drawing  i,,to  question  not  only  tie  Ead's^^fi' 

tuviaed  it4,t.cting  the  northern  events  Thf  ,o  Z 
advocates  for  Mr.Vobb,  „h„  in^i^M-.h Jt  Fort  WiU 
am  Hciay  was  unnecessarily  suriondc.-,.,!  JhVlL 
those  who  adhered  to  Colonel  Vn  m„  ■  '  i'H 
that  General,  not  onlyfor  ,°  "bcth.Tt  relf '"'jf 
besieged    bat  for  the'^loss  of ThrG^ra^^n  this  bv 

.he  capitulation  thatt ^trl"  t'o^Moletat 
he  was  on  the  point  of  marching  to  his  aid  but  ^vef 
persuaded  by  Youne  to  ffivr   i,n   iL  ?' .      .  ™' 

Whatever  the  rSal  design,  certainly  to  the  hei^M 

unin  Tir"^""""'  "  "'"'  """'"&  «>»'''  winter  Sfc 
upon  1  iccnderoga  was  talked  of  nnri  r     V  r r 

mentioned  as  the%erson  who  waL  to  leadlh.^"'" 

terprise.     His  Lordship  then  commndp.i  n       •    ^"" 

quartered  on  Long  Island.   The  can'e^^^^^^^  \7IT''' 

were  employed  in  framing  smaU  sVeds  ti  h  ^  J     "^ 

by  hand;  snow  shoes  were  Drovidpd     v!      .   ?''^'^" 

bought  up;  a  new  corps  oFfivf^^j^.^^^^^  ««P^ 

formed  under  Colonel  Gaffe  n.,;i  r  Rangers 

raise  one  thousand  mln'TT^h"^ fctX^Mt^^ 
Commandant.    But  after  a  few  week  J  rmthJr        *'''' 

was  heard  of  this  undertaking!  and  Ueoitn^  "'"''^ 
transferred  from  Webb  and  ^W   toXTJ.^!- 


2b:i 


[Chap.  V. 


m 


!! 


^tl 


m 


mv> 


time  at  Albany,  where  he  received  the  public  inti- 
mation of  the  extensive  project  of  making  a  conquest 
of  all  Canada,  and  his  own  advancement  to  the 
command  of  a  great  army,  to  be  composed  of  the 
British  troops,  augmented  by  the  whole  force  of  the 
colonies. 

Mr.  Delancey  collected  the  Assembly,  and  made  a 
speech  to  them  on  the  lOth  March,  17.'i8,  in  which  he 
incorporated  the  animating  terms  of  Mr.  Pitt's  cir- 
cular letter,  for  setting  all  the  wheels  in  motion  to 
raise  20,000  provincials.  The  King  was  to  furnish 
all  the  arms,  ammunition,  tents,  and  provisions  :  the 
levying,  clothing,  and  pay,  we  were  to  defray,  with  a 
promise  of  being  relieved  according  to  or.r  active 
vigor  and  strenuous  efforts,  by  a  parliamentary  reim- 
bursement. 

"  I  hope,"  says  the  Lieutenant  Governor,  "  a  num- 
ber of  ballot  men  will  have  at  heart  the  honor  of 
a  brave  and  the  best  of  Kings ;  and  will  voluntnrily 
and  cheerfully  engage  in  a  service,  on  the  success  of 
which  their  properties,  their  civil  and  religious  liber- 
ties depend. 

Nothing  could  be  more  gratefuli^o  the  majority  of 
the  people  than  the  design  proposed.  The  Assem- 
bly promised  their  aid  without  a  moment's  hesitation, 
and  resolved  to  raise,  clothe,  and  pay  two  thousand 
six  hundred  and  eighty  men,  with  ten  pounds  bounty ; 
for  every  volunteer,  and  twenty  shillings  to  the  officer 
for  every  recruit.  And  the  Lieutenant  Governor 
and  Council,  to  favor  the  levies,  laid  an  immediate 
embargo.  The  House  voted  to  maintain  every  poor 
soldier's  family  in  his  absence ;  and  to  defray  the  ex- 
pense, bills  were  emitted  for  £100,000,  to  be  can- 
celled by  a  tax  for  nine  years.  The  necessary  law 
was  passed,  and  (he  Assembly  dismissed  before  the 
end  of  the  month,  without  the  least  jar  among  the 
legislators  upon  this  subject,  though  the  Council  had 
refused  their  assent  to  the  favorable  project  for  ex- 
tending the  power  of  the  government,  by  enlarging 
the  influence  and  authority  of  the  Trustees  of  the 
Peace. 


"9*^- 


[Chap.  V. 

the  public  inli- 
laking  a  conquest 
incement  to  the 
composed  of  the 
hole  force  of  the 

nbly,  and  made  a 
IT-OH,  in  which  he 
)f  Mr.  Pitt's  cir- 
els  in  motion  to 
g  was  to  furnish 
provisions :  the 
to  defray,  with  a 
ig  to  ot:r  active 
liamentary  reim- 

)vernor, "  a  num- 
art  the  honor  of 
1  will  voluntarily 
3n  the  success  of 
id  religious  liber- 

a  the  majority  of 
d.  The  Assem- 
oent's  hesitation, 
ay  two  thousand 
)  pounds  bounty ; 
ngs  to  the  officer 
enant  Governor 
id  an  immediate 
ntain  every  poor 
to  defray  the  ex- 
,000,  to  be  can- 
e  necessary  law 
issed  before  the 
;  jar  among  the 
the  Council  had 
e  project  for  ex- 
nt,  by  enlarging 
Trustees  of  the 


17.08.1 

urn.^'^'f  ^''^"Slit  in  the  live-pound  bill  on  the 
1st  December  preceding,  and  ibur  days  afterwards 
It  was  sent  to  the  Council.  On  the  23d  they  were 
stimulated  as  to  the  progress  respecting  S  "Uie 
good  people  of  the  colol.y  had  s?  n»uch  a  hea  ^ 
and  were  answered,  that  while  Ihe  bill  was  in  com 
mitlee,  a  pet.t.on  was  presented  to  be  heard  agaS 

VV^f;      >    nT'  ??[^   important  messap-e    by   Mr 
VVatts  and  Colonel  Delancey,  respectingll,  was  de-' 

-^ZL":  /^!,' '''  ^"""".^^ '  ^^^'^g'  t^^-t  th^  House 
in  justice  to  the.r  constituents,  cannot  avoid  beim 
solicitous  about  a  bill,  which  experience  has  shown 
o  be  attended  with  such  happy^effectsln  the  seve 
ral  counties  where  it  took  place,  and  which  the  d is 

Ire'TmnfrPT/  "^  '^''  ?««^  ^^^P^^"  «^'  ^'"^  Colony 
are  impatiently  expecting    to  see  continued     3 

therefore  that  their  just  expectations  may  not  be  d  is 
appointed,  and  that  the  city  of  New-York  and  .nil" 
T/r'^""'  «-  colony  a^  have  hithe  t<;  b  en  ex^ 
eluded,  and  where  its  use  is  apparently  nece«sarv 
may  no  longer  be  deprived  of  the  beilefits  aiS 
universally  acknowleJged  to  aris^  SL-the 
House  hopes  the  Council  will  not  continue  to  defer 
their  concurrence  thereto. 

The  Upper  House  took  no  umbrage  at  the  unni.- 

each  other,  but  simply  rephed,  that  the  day  foC    ' 
appointed  tor  the  hearing,  would  not  arrfvVtni  th^ 
8th  instant.     Before  that  they  were  irre^^ula   v  Id 
journed  from  the  4th  of  February  to  the  7tl!o  Maich" 
on  a  letter  from  the  Lieutenant  Governor  to  the 
Speaker,     observed  that  he  chose  tomakeasnecrh 
to  them  after  the  receipt  of  Mr.  Pitt's  letter' Ct 
there  had  been  no  end  of  the  session.     The  Counp- 
unmoved,  sent  down  the  bill  with  amendmerUs   and 
the  same  morning  (2Ist  March)  were  informed'  U  l1 
fateof TpiTS"'^  not  concur  in  them,  and  thus    he 
ate  of  the  bill  was  suspended;  the  Council  adheriW 
to  their  alterations,  and  the  Lower  House  bei  !"? 
was  then  supposed,  satisfied  with  the  amazit  fnflu 


-261 


[Chap.  \'. 


IK,, 


1 

'■■[UV. 

(9-      r- 


once  which  the  new  commissioners  for  raising  the 
army  would  create  prior  io  the  election  near  at  hand, 
in  consequence  of  the  septennial  act  passed  in  the 
time  of  Mr.  Clinton,  who  was  censured  for  a  practice 
in  which  he  was  now  enslaved,  that  offiUing  up  vacan- 
cies in  the  counties,  according  to  the  nomination  of  the 
members,  some  of  whom  were  trusted  with  blanks  to 
be  filled  up  at  their  pleasure.  But  on  the  nearer 
approach  of  the  dissolution,  the  Assembly  rescinded 
their  first  vote,  and  concurred  with  the  amendments, 
and  the  bill  was  passed. 

Mr.  Amherst  was  to  accomplish  the  conquest  of 
Cape  Breton,  the  island  of  St.  Johns  and  their  de- 
pendencies. Mr.  Forbes  commanded  in  the  enter- 
prise against  the  French  forts  on  the  Ohio;  but  the 
main  army  for  |)eiieh'aiing  Canada  througli  the  north- 
ern Lakes,  wts  to  be  conducted  by  Mr.  Abercrombie. 

Fort  Edward  was  the  place  of  rendezvous.  The 
New-York  troops  w  ere  all  levied  and  collected  there 
a  fortnight  before ;  the  stores  arrived  from  England 
about  the  middle  of  June,  under  convoy  of  the  Van- 
guard ;  not  long  after  which,  the  forces  of  the  Colo- 
nies came  in.  By  the  activity  of  Lord  Howe,  and 
Lieutenant  Colonel  Bradstreet,  the  boats  were  for- 
warded with  speed,  and  Lord  Howe  led  the  first 
division  of  4000  men,  before  the  end  of  June  to  Lake 
George.  General  Abercrombie  followed  viith  the 
main  body,  and  on  the  6th  July,  the  whole  army 
landed  at  the  north  end  of  those  w  aters. 

They  defeated  (to  use  the  words  of  Mr.  Jones' 
letter  to  the  agent  of  the  2d  November)  a  party,  who 
went  against  them  and  got  possession  of  all  the 
ground  between  the  place  of  landing  and  the  French 
frrt  at  Ticondernga;  but  meeting  with  a  small  re- 
pulse there,  they  immediately  (at  least  as  appeared 
to  us)  gave  up  all  the  advantages  they  had  gained, 
and  hastily  returned  back  over  the  Lake  again,  and 
nothing  has  been  attempted  since  in  that  quarter. 
Where  the  faults  lay  we  cannot  take  upon  us  to  say, 
but  it  appears  to  us  to  l)e  more  in  the  fiend  than  the 
hodi/. 


[Chap.  V. 

for  raising  the 
ion  near  at  hand, 
t  passed  in  the 
;d  for  a  practice 
rfilling  up  vacan- 
lomination  of  the 
d  with  blanks  to 
t  on  the  nearer 
smbly  rescinded 
he  amendments, 

the  conquest  of 
s  and  their  de- 
id  in  the  enter- 
;  Ohio ;  but  the 
rougli  the  north- 
r.  Abercrombie. 
idezvous.  The 
!  collected  there 
I  from  England 
voy  of  the  Van- 
;es  of  the  Colo- 
ord  Howe,  and 
boats  were  for- 
ve  led  the  first 
of  June  to  Lake 
■owed  with  the 
he  whole  army 
ers. 

3  of  Mr.  Jones' 
ci')  a  party,  who 
non  of  all  the 
and  the  Frencli 
ith  a  small  re- 
st as  appeared 
ley  had  gained, 
jakc  again,  and 
in  that  quarter, 
upon  us  to  say, 
e  fiend  than  the 


Lord   Howe,  on  the  march  to  the  lake,  fell  a 
sacrihce  to  his  valour  in  a  conflict  with  the  French 
advanced  guard      Brigadier  Prcvost,  in  a  letter  of  the 
3d  August,    mforraed    the  author,   that   the   army 
marched  in  the  best  order:  but  from  ignorance  in  the 
officers,  or  the  indocility  of  the  troops,  they  took 
h-ight  on  the  report  of  a  few  muskets,  and  instantly 
dispersed.     That  this  happened  twice  in  two  hours^ 
1  he  works  at  Ticonderoga  were  trifling :  they  had 
piled  logs  on  the  land  side  in  a  line  for  a  breastwork, 
and  trees  before  it  to  embarrass  the  assailants.     Mr. 
Abercrombie,  who  was  two  miles  in  the  rear,  and 
not  informed  that   there  was  at  one  end  an  open 
access  to  the  French  encampments,  ordered  an  attick 
with   musketry  alone,  upon  that  part  of  the  line 
jvh,ch  was  finished  and- fortified   "iih  cannon,  and 
there  we  sustained  the  loss  in  killed  and  wounded: 

w!fh  ^hr.       ri4''''f  ^  ™^"'  ''^«  ^^'•^  advancing 

Tbi  wtr '  '''^"^^^'  ^"^^'^  ^'^^^"^^^^  ^^  - 

The  French  General,  who  was  just  within  the  lines, 
perceived  our  folly,  stripped  offhis  clothes,  and  wft 
a  drawn  sword,  forbid  a  musket  to  be  fired  upon  the 
^^'"i**   S!  severest  punishment,  until  he  gave  the 
word.     When,  embarrassed  and  unable  to  fly  back 
ZTTa  ^^^  r^^  ""^  command,  and  our  front  was 

M  A  K  ''"  u^^  ^?''-  **^^""g  of  ^lie  slaughter 
Mr.  Abercrombie  ordered  a  retreat;  he  hurried  them 
on  the  night  of  the  7th  to  the  Lake,  where  they  em^ 
barked  vvith  the  utmost  precipitation,  nor  even  then 

fen  th  ^^         *'"  *^^^  ^^^  P^''^^  '^'  ^*^«^e 

,  Colonel  Peter  Schuyler,  who  was  then  a  prisoner 
m  Canada,  informed  the  author  that  Mr.  Montcalm's 
i!r  .1''"*'^  there  and  at  Crown  Point  did  not  exceed 
three  thousand  men ;  nor  their  killed  and  taken  both 
within  the  lines  and  at  the  advanced  guard,  two  hunr 
dred  and  thirty ;  and  that  from  a  dread  of  c  ^  vas 
superiority,  they  had  actually  before  our  retreat  pro, 
pared  to  abandon  Crown  Point.  ^ 

31 


266 


[Chap.  VI. 


m 


Lieutenant  Colonel  Bradstrcet,  impatient  of  this 
disgrace,  and  hoping  nothing  from  a  General,  who, 
while  he  calumniated  his  army  as  broken-spirited, 
discovered  that  he  wanted  firmness  himself,  urged 
an  attempt  upon  Frontenac.  He  was  sent  to  Oswego 
in  17.05,  was  there  again  in  1756,  and  liad  entered 
into  Shirley's  views  of  the  importance  of  command- 
ing the  waters  of  Ontario,  and  olFered  his  services  to 
conduct  the  enterprise.  Abercrombie  gave  him  a 
detachment  of  three  thousand  men;  he  rather  flew 
than  marched  with  them  through  that  long  route  from 
Lake  George  to  Albany,  and  thence  again  up  the 
stream  of  the  Mohawk  River,  then  across  the  postage, 
down  the  Wood  Creek  to  the  take  of  the  Oneidas, 
and  the  rapids  of  the  Onondago  to  Osn  ego.  Thence 
he  pushed  his  open  boats  into  the  sea  of  Ontario, 
traversing  the  south-eastern  coast  from  poini  to 
Point,  till  he  crossed  the  St.  Lawrence  and  sur- 
prised the  garrisorj  of  Frontenac.  He  invested  it, 
took  it,  burnt  an  immer^se  magazine  for  the  supply 
of  the  interior  dependr(icies,and  in  twenty-four  days 
after  having  destroyed  the  vessels  on  the  Lake,  re- 
turned to  assist  in  securing  the  important  pass  in  the 
country  of  Uie  Oneidas,  which  Mr.  Webb  had  the 
year  before  abandoned  to  the  intimidation  of  all  the 
six  Indian  tribes.  But  either  by  the  fatigue  of  these 
vigorous  exertions,  or  the  bad  quality  of  the  waters 
of  the  Wood  Creek,  we  lost  five  hundred  men  of  this 
detachment,  a  great  part  of  whom  were  levies  of  this 
colony.  The  author's  letter  to  Governor  Morris, 
enclosing  one  from  Mr.  Dubois,  who  was  a  captain 
under  Bradstreet,  brought  the  first  intelligence  of 
this  event  to  England.  He  desired  an  audience  to 
communicate  it  to  Mr.  Secretary  Pitt,  who  received 
him,  and  unassisted,  entered  into  so  copious  a  dis- 
play of  its  co;;sequ  'ices,  that  his  informer  lost,  what 
was  one  of  ilie  ends  of  the  interview,  not  having  a 
thought  to  a^?  1  tothe^agaclo  j  remarks  of  that  bold, 
active,  and  .Isdcerning  statesman,  who  appeared  to 
be  accurately  informed  of  the  inland  geography  of 


TT- 


I 


[Chap.  VI- 

inpatient  of  this 
a  General,  who, 
broken-spirited, 
s  himself,  urged 
s  sent  to  Oswego 
ind  had  entered 
ce  of  command- 
d  his  services  to 
ibie  gave  him  a. 
;  he  rather  flew 
t  long  route  from 
ce  again  up  the 
ross  the  postage, 
of  the  Oneidas, 
i)V«  ego.     Thence 

sea  of  Ontario, 

from  point  to 
Tence  and   sur- 

He  invested  it, 
i  for  the  supply 
twenty -four  days 
in  the  Lake,  re- 
irtant  pass  in  the 

Webb  had  the 
idation  of  ail  the 
!  fatigue  of  these 
ty  of  the  waters 
dred  men  of  this 
ere  levies  of  this 
lovernor  Morris, 
)  was  a  captain 
t  intelligence  of 

an  audience  to 
t,  who  received 
)  copious  a  dis- 
former  lost,  what 
w,  not  having  a 
irks  of  that  bold, 
ho  appeared  to 
[id  geography  of 


r/ja.j 


267 


I 


America,  then  understood  even  in  this  country  only 
by  an  inquisitive  few. 

It  was  imagined  that  Mr.  Abercrombic  would  re- 
new the  attack,  but  the  author  learnt  from  General 
Prevost  that  some  additional  works  at  Lake  George 
engrossed  all  his  attention,  and  that  the  campaign 
would  end  as  shamefully  as  it  had  begun.  Having 
communicated  the  jmblic  censures  on  his  conduct  in 
that  quarter,  so  early  as  the  21st  of  .July,  his  an- 
swer did  not  admit  that  the  General  was  culpable  in 
recrossing  the  Lake,  and  seemed  to  hint  that  there 
could  be  but  little  dependence  on  the  provincials. 

The  author,  on  the  13th  of  September  expressed 
himself  thus : — 

"Though  some  of  the  Colony  troops  seemed  to 
discover  a  temper  not  very  nncoin-aging  at  the  first 
landing,  is  it  not  true,  that  they  behaved  with  spirit 
in  the  attack .''  or,  which  is  sulficient  to  my  purpose, 
did  not  the  General  think  so,  when  orders  were  given 
to  thank  them  publicly  for  their  gallantry  ?  was  not 
their  universal  surprise  at  the  retreat  some  proof 
that  their  minds  were  then  firm,  and  not  broken  by  a 
panic  ?  and  does  not  the  rapidity  with  which  they 
were  brought  off,  demonstrate  that  no  time  was  spent 
to  examine  the  temper  of  the  army  ?  what  are  your  re- 
flections on  the  General's  orders,  on  the  cannon  and 
baggage  to  New- York.     Provincials  reduced  Louis- 
burgh  the  last  war.     Acadie  was  reduced  mostly  by 
provincials.    Dieskau  was  takeh  by  the  Colony  troops. 
The  rangers  are  colonists.     Provincials  cut  off  Kill- 
annjng,and  by  provincials  we  lately  destroyed  Fron- 
tenac.     You  will  agree  with  me  tliat  irregulars  will 
be  of  use  for  a  surprise  in  a  weakly  fortified,  wooden 
country.     When  provincials  succeed  in  one  kind  of 
service,  most  men  think  them  fit  for  all.     This  indeed 
is  arguing  ill,  and  nothing  will  sliow  it  to  be  bad  logic 
so  soon,  as  better  conduct  on  the  part  of  the  regu- 
lars.    What   think  you  of  rebuilding   Oswego?     If 
the  war  continues  another  campaign,  I  can't  help 
thinking  that  in  a  general  invasion  of  Canada,  five  or 
six  thousand  troops  sent  down  the  Cataraqui  stream 


■26«  [Chap.  VI 

would  greatly  iavor  the  descent  ot"  a  larger  army 
through  Champlain,  and  a  fleet  on  the  river," 

The  reply  ot'  the  28th  has  these  passages — 

"  I  have  no  answer  to  make  in  regard  to  the  Gene- 
ral's orders  to  Cummings  on  the  night  of  the  attack, 
for  1  am  at  a  loss  to  defend  a  badmnse^afi  I  should  be 
to  give  up  iigootf  one.  Provincials  have  performed  all 
you  relate,  and  had  they  been  p?'operly  led,  it  is  my 
just  opinion,  they  might  have  done  more,  but  for  all 
that,  they  were  not  in  the  least  fit  for  the  service  we 
are  upon.  1  do  not  know  verily,  whether  we  shall 
attempt  this  year  to  retrieve  our  losses,  but  we  are 
in  readiness  with  regard  to  all  the  necessary  imple- 
ments and  provisions ;  and  if  any  thing  is  still  wanting, 
I  am  pretty  certain  it  will  be  at  the  lake  before  the 
reinforcement  of  the  regulars  can  come  from  Boston." 

When  the  five  regiments  from  Louisburgh  landed 
there,  and  marched  slowly  to  find  winter  quarters  at 
Albany,  they  had  not  the  least  intimation  that  Mr. 
Abercrombie  suspended  his  re-attempts  for  their 
junction,  and  then  heard  it  for  the  first  time  with 
surprise.  The  controversy  then  arose  respecting  the 
fault  which  was  at  last  charged  upon  Mr.  Pownall  the 
Governor  of  Boston,  to  whom  Mr.  Abercrombie  had 
entrusted  despatches  to  Mr.  Amherst  for  reinforce- 
ments immediately  after  the  retreat  from  Carillon. 
But  the  season  was  elapised.  The  French  had  gath- 
ered in  their  harvest.  The  British  fleet  had  left  the 
St.  Lawrence,  and  the  whole  force  of  Canada  was 
collected  on  Lake  Champlain,  and  by  the  middle  of 
October,  the  victors  from  Louisburgh  were  in  winter 
cantonments. 

The  operations  terminated  in  the  north-west,  in 
the  construction  of  a  respectable  fort  in  the  country 
of  the  Oneiuhis,  and  it  was  called  Stanwix,  in  com- 
pliment to  the  General  who  commanded  in  that  quar- 
ter. 

The  account  of  the  loss  of  Louisburgh  on  one  side, 
and  of  Frontenac  on  the  other,  arrived  at  Montreal 
on  the  same  day.  The  militia  of  that  island  and 
neighbourhood  were  instantly  commanded  up  the  St. 


-rsr- 


1 


[Chap.  VI 


a  larger  army 
'iver." 


sages 
r<l  to  the  Gene- 
t  oi'  the  attack, 
e,  as  I  should  be 
!c  perfonnfed  all 
rly  led,  it  is  my 
lore.  but  for  all 
the  service  we 
hether  we  shall 
(ses,  but  we  are 
ecessary  imple- 
r  is  still  wanting, 
lake  before  the 
le  from  Boston." 
lisburgh  landed 
inter  quarters  at 
nation  that  Mr. 
Bmpts  for  their 
first  time  with 
le  respecting  the 
Mr.  Pownali  the 
bercrombie  had 
st  for  reinforce- 
from  Carillon, 
rench  had  gath- 
leet  had  left  the 
lof  Canada  was 
the  middle  of 
were  in  winter 

north-west,  in 
\i  in  the  country 
tanwix,  in  corn- 
ed in  that  quar- 

irgh  on  one  side, 
Ived  at  Montreal 
Ithat  island  and 
Inded  up  the  St. 


1758.] 


•iOi-» 


1 


Lawrence  to  repair  the  demolished  fort.  Colonel 
Peter  Schuyler  was  witness  to  the  consternation  of 
the  French  colony.  The  whole  force  sent  to  Fron- 
tenac  did  not  exceed  fifteen  hundred  men,  and  upon 
a  false  alarm  of  Bnulsl reel's  second  approaclu  the 
greatest  part  of  them  abniidoried  the  works,  an'i  de- 
scended the  rive^wilh  (he  utmost  precipitation  ;  the 
dispirited  populace  considering  (heir  country  as  lost. 

But  our  success  on  Ontario  had  still  more  exten- 
sive effects,  and  verified  in  fact  what  Shirley  long 
had  beheld  in  speculation.  The  Indidns  now  ciiunged 
their  temper.  A  peace  was  established  at  Easton  in 
October,  not  only  with  the  six  nations,  but  all  the 
barbarians  on  the  waters  of  the  Delaware  and  the 
Susquehannuh.  The  reduction  of  Frontenac  con- 
tributed also  to  the  progress  of  General  Forbes  on 
the  Ohio.  The  enemy  abandoned  Fort  Du  Quesne 
on  his  approach,  and  a  treaty  was  concluded  with 
the  numerous  savages  in  that  remote  country,  who 
had,  after  Bradstreet's  defeat,  spread  desolation 
along  the  interior  frontier  of  all  the  southern  colonies. 
Frederick  Root,  after  the  treaty  of  Easton,  ventured 
amongst  them  at  th#  hazard  of  his  life,  and  convened 
eight  hundred  of  their  warriors  at  a  council  fire  on 
the  western  bank  of  the  Ohio,  near  Fort  Du  Quesne. 
The  Alleghanies,  consisting  of  four  hundred  fighting 
men,  who  formerly  inhabited  Pennsylvania,  New- 
Jersey,  and  the  western  parts  of  this  province,  ^reed 
to  meet  at  Philadelphia  at  such  time  as  Mr.  Denny 
the  Governor  of  Pennsylvania,  should  appoint.  The 
rest,  who  were  Shawnees,  and  lived  farther  down  the 
stream  of  the  Ohio,  were  inclined  to  wait  the  result 
of  the  negotiations  with  the  other  tribes,  but  engaged 
to  disperse  at  present,  leaving  Mr.  Forbes  to  advance 
without  opposition,  and  conducted  part  to  that  army 
to  communicate  that  agreeable  intelligence. 

After  divers  adjournments,  Mr.  Delancey  and  his 
Assembly  met  again  in  November,  and  he  delivered 
a  speech,  congratulating  them  on  the  reduction  of 
Louisburgh,  the  erection  of  Fort  Stanwix,  and  the 
success  at  Frontenac.  Of  the  repulse  of  Ticpnderoga 


■  ••  ^^  v*"^ 


WW      *     'P^jP" 


27U 


[Clmp.Vr. 


if 


lio  pxpiTSs«'(l  himsclt'  willi  cfiution— ••'  Thougli  T^nys 
ho,)  our  sanguine  hopes  have  been  disappointed,  yet 
the  enemy  liave  gained  no  ground  there,  and  things 
are  as  they  were  on  Hudson's  River  at  the  V  t^rinning 
of  ihe  campaign."  He  then  reminds  thein  o^  ihree 
trips  to  Albany — recommends  these  to  their  conside- 
ration, and  leaves  them  to  the  common  busintMS  of 
the  year. 

M  the  instanre  of  Mr.  Cruger,  the  thank'!  of  this 
House  were  given  to  IVlr.  Oliver  Delancey,  s^ho  had 
served  witli  General  Abercrombie,  as  Colonel  in 
chief  fthe  New-York  forres— "  F'orhis  great  service 
and  singular  care  of  the  troops  under  his  com- 
mand."* They  gave  his  brother  the  Lieutenant 
Governor  eighteen  hundred  pounds  for  a  salary,  four 
Jiundi  d  po  aids  for  fuel,  candles,  and  lights,  and 
for  his  three  visits  to  Albany  three  hundred  pounds 

mon- 

A(*  ording  to  a  law,  no  Assembly  could  continue 
longer  than  seven  years  from  the  test  of  the  sum- 
mons by  which  it  was  first  convened  ;  and  the  writs 
for  the  present  House  issuing  in  January  1752,  this 
was  of  course  the  last  session,  tKe  term  expiring  in  a 
fewvr.ks.  « 

Th«'  party  w  Jio  had  so  Ibng  held  the  reins,  could 
aot  tJ:<u'k  of  separating  v>i*hout  a  five-pound  act  for 
the  greater  influence  of  the  trading  factors  in  the 
ensuing  elections. 

One  of  tlie  main  sticklers  in  the  Council  for 
amending  the  bill,  was  Mr.  Chambers  ;  the  profits  of 
whose  office,  as  town-clerk  of  the  capital,  would  be 
"reatly  abridged  by  the  commission  of  all  causes 
between  forty  shillings  and  five  pounds  before  cogni- 
jiance  in  the  Mayor's  court,  to  a  single  justice  of  the 
peace.  .  .     ,^ 


*  He  Willi  Mr.  John  Cruder  and  Mr.  Beverly  Robinson  were  the  pny- 
masters  and  commissaries  for  layinsr  out  tlie  £100.000  devoted  for  the 
service  of  this  campaisrn. 


[Clmp.Vr. 

."  Though  r^ays 
isappoiiitod,  yet 
liere,  and  things 
■it  the  V  t^rinning 
s  theiu  o*  ihree 
to  thoir  conside- 
moii  busiiHMS  of 

e  thank"!  of  this 
lancey,  w  ho  had 
,  as  Colonel  in 
his  great  service 
under  his  com- 
the  Lieutenant 
for  a  salary,  four 
and  lights,  and 
liundred  pounds 

i  could  continue 
:est  of  the  sum- 
;  and  the  writs 
nuary  1752,  this 
rin  expiring  in  a 

tlie  reins,  could 
c-pound  act  for 
5  factors  in  the 

Lhe  Council  for 
•s  ;  the  profits  of 
apital,  would  be 
>n  of  all  causes 
ids  before  cogni- 
gle  justice  of  the 


obinson  were  the  pny- 
10.000  devoted  for  the 


n.os.j 


271 


This  was  his  motive  lor  ainendnig  the  bill,  and  he 
was  sunnortcd  by  the  majority,  who  thought  it 
reasonable  to  give  a  compensation  to  all  patent  oMi- 
ces  whose  |,rofits  were  to  be  lessened  by  thai  hill. 
The  Assembly  ha«l  refused  the  ameiidiMents,  and  Iho 
Council  had  given  notice  that  they  adhered  to  them, 
so  that  lhe  bill  had  been  eonsidoied  at  last,  until 
the  House,  unwilling  to  be  dissolved  without  it,  re- 
sumed the  consideration  of  the  amendments  on  the 
9th  December,  (for  no  prorogation  had  intervened) 
and  assenting  to  them,  the  Council,  (into  which  \\\\ 
Watts  and  Mr.  Watson  had  been  intioduced  by  the 
interest  of  Sir  Charles  Hardy,)  without  any  ohi  '.i, 
handed  the  bill  over  to  the  Lieutenant  Governoi 
it  passed  into  a  law. 

Before  their  parting,  care  was  taken  to  injjmidatc 
and  weaken  the  influence  of  Mr.  Depeyster'the  treas- 
urer, and  his  powerful  connexions  in  the  interest  of 
his  brother-in-law  Chambers,  by  stating  an  account 
between  him  and  the  Colony,  according  to  which 
he  appeared  to  be  a  debtor  to  the  public  in  (757, 
for  above  thirty  thousand  pounds  ;  and  to  reward  Mrl. 
Speaker  Jones,  who  had  so  Irtng  served  the  interest* 
of  the  Lieutenant  Governor,  cuiu  fallen  under  the 
suspicion  of  his  constituents  in  Queen's  County  as  a 
friend  to  the  chartered  college,  he  was  constituted 
one  of  the  judges  of  the  supreme  court,  and  on 
the  face  of  a  new  instruction  pwo  him  his  commis- 
sion, granting  the  olfice  during  good  behavior.  But 
it  must  be  added,  that  there  was  at  that  time  an  im- 
portant cause  to  be  tried  on  a  claim  to  near  sixty 
acres  of  land  in  the  suburbs  of  the  metropolis,  held 
by  the  corporation  of  Trinity  Church,  of  which  Mr. 
Chambers  and  Mr.  Horsmanden  were  members,  and 
therefore  exceptionable  judges,  and  when  the  trial 
came  on  Mr.  Jones  sat  alone. 

But  it  was  easy  to  apologise  for  this  appointment, 

especially  as  the  two  houses  at  this  time  furnished 

him  with  a  very  seasonable  exhibition  of  the  zeal  of 

u    ^/?*°"y  ^"  ^^^  services  of  the  war,  with  a  vieu- 

that  this  representation  should  be  communicated  witl.t 


M' 


27li  [Chap.  Vr 

his  own  additions  to  tlic  king's  ministers  for  a  share 
of  the  promised  reimbursements,  and  tl»at  delivered, 
Mr.  Dclancey  dissolved  the  Assembly  on  the  Itith 
of  December,  "  not  (as  he  told  them)  for  any  distrust 
of  their  proceedings  i  on  the  contrary,  I  take   this 

rublic  occasion  of  thanking  them,  and  declaring  that 
think  they  have  done  a  great  deal  for  the  service 
oftheir  king  and  country,  and  that  they  merit  the  ap- 
probation and  thanks  of  their  constituents.  But  as 
his  Majesty's  commands  for  the  operations  of  the  en- 
suing year  against  the  enemy  are  not  come  oyer, 
and  probably  will  not  arrive  here  till  near  the  time 
when  this  Assembly  must  expire  by  the  limitation  of 
the  septennial  act ;  in  which  event,  if  this  Assembly 
should  not  during  their  continuance  go  through  the 
busines|tjien  to  be  recommended  to  them,  the  public 
servicewould  bedflayedand  pcrh.',ps  disapproved'"* 

The  elections  demonstrated  that  all  the  arts  used 
to  influence  the  multitude  were  insufficient  to  extin- 
guish the  flames  of  jealousy  excited  by  the  partial 
pre-eminence  given  to  one  denomination  in  the  mo- 
delling of  the  college.  Fifteen  new  members  were 
introduced,  and  among  them  several  whose  abilities 
increased  in  therifficts;  /  of  managing  their  humors, 
and  who  by  thei;  ouU  .ce  were  indifferent  to  the 
smiles  or  frowns  oi  a  party  they  meant  to  check  and 
subvert. 

Philip  Livingston,  a  popular  alderman,  came  in  as 
a  member  for  the  metropolis ;  William  Livingston, 
who  had  signalized  himself  in  opposing  the  exclu- 
sive charter,  was  chosen  to  represent  his  brother's 
manor ;  Robert  R.  Livingston  and  Henry  Livingston 
were  sent  by  the  County  of  Dutchecs ;  Mr.  Hicks  of 
Queen's  County  had  been  a  partisan  of  Governor 
Clinton,  and  with  his  colleague  were  preferred  to 
Mr.  Justice  Jones  and  Cornel.  The  people  of  that 
county  censurng  the  former  as  a  tool  to  the  Lieuten- 


♦  It  was  known  that  General  Amherst  was  to  commaDd  the  next  year- 
THe  sent  some  of  the  Louisburgh  troops  across  the  country  from  BostOD  ta 
Albanv,  and  arrived  at  New- York  oa  tl>c  12th  December  1758. 


[Chap.  Vr. 

isters  for  a  share 
id  tliat  delivered, 
ibly  oil  the  Itith 
)  for  any  distrust 
rnry,  I  take  this 
id  decUiririg  that 
d  for  tlie  service 
ipy  merit  the  ap- 
iitiients.  But  as 
rations  of  the  en- 

not  corae  over, 
till  near  the  time 

the  limitation  of 
if  this  Assembly 
s  go  through  the 
» them,  the  public 
tG  disapproved  "* 
all  the  arts  used 
ufficient  to  extin- 
;d  by  the  partial 
lation  in  the  mo> 
IV  members  were 
i\  whose  abilities 
iiiff  their  humors, 
^different  to  the 
ant  to  check  and 

rman,  came  in  as 
lliam  Livingston, 
osing  the  exclu- 
5ent  his  brother's 
lenry  Livingston 
Gs ;  Mr.  Hicks  of 
san  of  Governor 
ere  preferred  to 
le  people  of  that 
j\  to  the  Lieuten- 


ommaDd  the  next  year< 
country  from  BostOD  t? 
:ember  1758. 


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1759.] 


273 


ant  Governor,  and  the  latter  as  influenced  by  his  old 
colleague.  Messrs.  Hasbrouck  and  Bruyn,  Her- 
ring and  Wisner,  were  sent  up  hy  Ulster  and  Orange 
counties,  disgusted  by  the  late  ruling  party. 

But  Mr.  Delancey  was  not  left  without  hopes.  His 
brother  Oliver,  and  his  friends  John  Cruger,  the 
Mayor,  and  Mr.  Lispenard  got  in  for  fj^e  city,  nor 
did  his  brother  and  his  cousins  Verplanck  and  Rens- 
selaer lose  their  seats.  Besides,  he  could  rely  upon 
Mr.  NicoU,  his  cousin  german  Mr.  Watts,  and  upon 
Messrs.  Winne,  Philipse  and  Thomas,  who  were  his 
companions  and  members  of  the  late  House. 

Add  to  this,  that  the  Delanceys  had  gainec^  in  the 
Council  what  they  lost  in  the  Assembly.  He  seem- 
ed to  be  fixed  in  the  chair,  and  therefore  awed  the 
whole  board.  In  proportion  to  their  jealousy  of  the 
Livingstons,  who  were  considered  as  the  leaders  of 
the  non-episcopal  denominations,  they  were  willing 
to  draw  with  the  Delanceys,  though  the  latter  were 
not  fond  of  being  pubKcly  considered  as  the  head  of 
a  sect,  though  powerful  in  jts  influence,  yet  small  in 
point  of  number's ;  not  to  mention  that  the  new  mem- 
bers, Watts  a.  ''^atson,  wei^  not  only  sure  yotes  in 
that  board  for  .  party,  but  a  check  upon  the  free- 
dom of  their  r  tes.  From  this  time  we  shall  dis- 
tinguish the  opposition  under  the  name  of  the  Liv- 
ingston party,  though  it  did  not  always  proceed  from 
motives  approved  of  by  that  family. 

The  writs  of  summons  were  returnable  on  the  26th 
January,  1759,  but  the  inclemency  of  the  season  pre- 
venting their  convention,  Mr.  Delancey  prorogued 
them  by  a  proclamation  under  his  private  seal,  to  the 
3Ist.  For  this  irregularity  he  had  the  advice  of  his 
Council,  nor  was  it  excepted  to  by  the  Assembly. 
The  new  plan  for  the  year  being  not  yet  come  to  the 
hands  of  General  Amherst,  who  had  been  waiting 
here  in  daily  expectation  of  it,  the  Lieutenant  Gov- 
I  ernor,  after  Mr.  Nicol  was  chosen  Speaker,  address- 
ed them  with  congratulations  on  General  Forbes^s 
success  against  Fort  Du  Quesne,  recommended  a 
more  compulsory  law  for  impressing  horses  and  car- 

35 


fi4 


f. 


•Mi!i»,fi^s^mmMs:: ' — *  ■ 


"■ •  ^<^p*'*n*«r^*' 


1 


07,1  .  L^'^^P-  ^  »• 

ria^res,  the  prevention  of  frivolous  arrests,  the  pay- 
ment of  public  debts,  and  their  concerting  a  plan  for 
more  populous  settlements  of  the  waste  lands  of  the 
crown^  ^These  measures  were  as  much  for  his  own 
Xest  as  for  that  of  the  public ;  the  last  mentioned 
especially,  by  which  his  emoluments  in  the  land- 
office  mightiy  new  grants  be  greatly  increased. 

TheTlave  him  a  general  answer  wUh  warm  pro- 
fessioni  of  zeal  for  the  service  of  the  crown  and 
theTr  country,  and  entered  into  the  common  routine 
of  business,  till  Mr.  Secretary  Pitt's  despatches  arnv- 
cd  the  latter  end  of  February,  reqmring  an  addition 
to  the  British  troops  of  at  least  twenty  thousand  men 
Ivom  the  Sonies^^  the  east,  and  of  Pennsylvama, 
uDon  the  terms  of  the  last  campaign. 

Twas  immediately  resolved  to  raise  two  thousand 
six  hundred  and  eighty  men,  as  the  Pi^PO^^«»  «^ 
this  Colony,  by  giving  each  individual  £15  bounty, 
and  twent^  sWUfngs  'more  to  the  Recruiting  officer ; 
and  to  defray  the  expense  by  an  emission  of  £  100,000 
in  paper,  to  be  sunk  in  nine  years  by  a  tax  beginning 
with  £12,000  for  the  present. 

To  quicken  the  levies,  the  Lieutenant  Governor 
ureed  the  House  for  power  to  make  detachments, 
thit  every  man  might  be  interested  in  procuring 
ylZlvl,  and  by  ?he  7th  of  March,  the  mam  bill 
for  the  levies  and  one  for  impresses  being  ready, 
they  we  e  passed  with  two  or  three  others  of  less 
moment,  and  the  members  retired  to  their  counties 
Tforward  the  enlistments,  when  great  umbrage  was 
taken  by  the  quakers,  to  whose  conscientious  scru- 
pks  the^Legislature  had  shown  very  little  regard. 
^  But  the  Assembly  were  soon  reconvened  for  a 
•    fresh  proof  of  their  zeal.    The  agents  for  the  mo% 
contractors  were  out  of  cash,  and  the  end  of  the 
SmT^n?"  danger  of  beingfrustratedm^^^^^^^^ 
could  be  made  to  the  crown  of  £130,000  currency. 
It  was  noTooner  asked  by  Mr.  Amherst,  than  a  law 
passed  (3d  July)  upon  his  promise  of  repayment  m 
ircourse  of  a  yeL-,  by  bills  to  be  drawn  by  the 


II  n  m  'mm'  l.'i.li  '""•' 


[Chap.  VI. 

?sts,  the  pay- 
ting  a  plan  for 
te  lands  of  the 
eh  for  his  own 
last  mentionetl 
8  in  the  land- 
increased, 
"ith  warm  pro- 
he  crown  and 
ommon  routine 
sspatches  arriv- 
ing an  addition 
T  thousand  men 
f  Pennsylvania, 

e  two  thousand 
e  proportion  of 
ual  £13  bounty, 
cruiting  officer ; 
iion  of  £100,000 
a  tax  beginning 

enant  Governor 
te  detachments, 
3d  in  procuring 
:h,  the  main  bill 
les  being  ready, 
B  others  of  less 
to  their  counties 
jat  umbrage  was 
nscientious  scru- 
r  little  regard, 
econvened  for  a 
nts  for  the  motley 
t  the  end  of  the 
ted,  unless  a  loan 
50,000  currency, 
herst,  than  a  law 
I  of  repayment  in 
»e  drawn  by  the 


IT59.] 


27.'* 


deputy  paymaster  of  ♦he  army,  and  the  casli  lent 
consisted  of  bills  of  credit  now  issued. 

General  Prideaux  took  the  command  of  the  west- 
ern army  destined  to  Niagara.     They  advanced  the 
1st  of  July,  2200  strong,  exclusive  of  several  hundred 
Indians  led  by  Sir  William  Johnson.     They  landed, 
invested  the  French  fort  and  opened  their  trenches. 
The  General  fell  by  the  unfortunate  explosion  of  a 
cohorn  on  the  20th.     The  American  Baronet  took 
his  place,  and  sent  for  Mr.  Haldimand,  who  with 
twelve  hundred  men  had  just  before  repelled  sixteen 
iiundred  of  the  enemy  in  the  defence  of  that  post, 
with  a  considerable  loss  to  them  and  none  to  us. 
Before  Mr.  Haldimand  arrived,  a  strong  party  of 
lnirteen  hundred  came  from  Venango  to  the  relief 
of  t]ie  besieged,  with  five  hundred  savages.     Lieu- 
tenant Colonel  Mossey  advanced  with  a  detachment 
of  five  hundred  men  to  meet  them.    Observing  that 
our  Indians  sought  an  opportunity  to  speak  with 
them,  and  fearing  the  effect  of  it,  the  French  set  up 
and  begun  the  charge.     In  less  than  an  hour  they 
gave  way  with  the  loss  of  one  hundred  and  fifty 
prisoners,  the  first  ai  d  second  in  command,  Morang, 
the  Indian  leader  and  seventeen  officers,  seven  of 
whom  were  captains.    Except  the  Mohawks,  all  our 
own  Indians  stood  aloof  till  after  the  route.     This 
victory  of  2M  July  gave  us  the  fort.     Through  the 
unskilfulness  of  our  engineers,  the  works  were  un- 
hurt;  and  haying  ammunition  for  only  forty-eight 
hours  more,  Sir  William  was  on  the  point  of  raising 
the  siege.     The  garrison  capitulated  at  the  instance 
of  the  commandants.    There  were  made  prisoners 
of  war  to  the  number  of  six  hundred  and  seven  ; 
their  women  and  children  were  to  be  sent  to  Mon- 
treal. 

General  Amherst  led  the  main  body.  They  pass- 
cd  Lake  George  without  opposition,  and  proceeded 
to  the  lines  so  fatal  to  us  the  year  before.  While 
our  trenches  were  opening,  the  enemy  kept  in  their 
lort,  but  in  the  night  of  the  26th  July,  blew  it  up 
and  repaired  to  Crown  Point,  leaving  twentv  men 


^  .       ,„-,  -    ■    ^i-at,.  ■  ■-  -i'^^ 


jm"i^-iifr*"*" 


^ 


.270 


[Chap.  Vf. 


behind  who  could  not  find  room  in  their  boats.  We 
lost  Colonel  Roger  Townscnd  the  night  before,  by  a 
cannon  shot  in  the  shoulder  while  he  was  imprudently 
gratifying  his  curiosity  at  the  trenches. 

Five  days  after  M.  Bourlemaque  abandoned  Fort 
St.  Frederick,  and  demolished  the  works  on  the 
approach  of  Rogers's  rangers,  and  retiring  with  all 
the  stores  to  the  Isle  aux  Noix,  at  the  north  end  of 
Lake  Champlain,  where  his  whole  force  collected 
amounted  to  two  thousand  men,  who  were  in  a  starv- 
ing condition. 

Colonel  Gage  was  ordered  on  the  news  of  the  sur- 
render of  Niagara,  to  proceed  from  Oswego  with 
the  western  forces  down  the  St.  Lawrence  to  La  Ga- 
lette,  while  General  Wolf  was  besieging  Quebec, 
that  the  French  force  drawn  to  the  two  extremes  of 
Canada,  might  favor  General  Amherst's  descent  upon 
the  centre  of  the  Colony,  with  an  army  of  twelve 
thousand  men  through  Lake  Champlain. 

On  the  flight  from  Crown  Point,  few  doubted  the 
reduction  of  Montreal,  where  they  imagined  the  in- 
habitants shut  out  from  the  rest  of  the  world,  and  so 
harassed  as  to  be  unable  to  collect  in  their  harvest, 
upon  the  point  of  perishing  by  a  famine,  and  by  des- 
pair ready  to  resign  themselves  the  moment  of  Gene- 
ral Amherst's  landing  at  St.  Johns.     Thejr  relied  on 
the  intelligence  that  the  savages  in  the  French  alli- 
ance were  intimidated,  and  conceived  that  the  im- 
mense plunder  of  Niagara  would  be  safficient  to 
draw  all  our  Indians  to  a  firm  junction  with  the  troops 
who  were  to  act  under  Mr.  Gage.     But  of  these  de- 
signs not  one  was  executed  save  that  trusted  to 
General  Wolfe,  and  this  not  till  the  13th  September. 
General  Amherst  who  had  advanced  within  thirty 
miles  of  St.  John's,  and  burnt  all  the  French  vessels 
but  one,  on  the  news  of  the  Quebec  victory  returned 
to  Crown  Point.  . 

The  multitude  however  were  contented  with  a 
change  of  fortune  so  very  different  from  what  they 
had  hitherto  experienced,  and  contented  with  their 
successes,  a  veil  was  willingly  drawn  over  that  inac- 


[Chap.  Vf. 

■ir  boats.  We 
ht  before,  by  a 
as  imprudently 

>andoned  Fort 
works  on  the 
tiring  with  all 
le  north  end  of 
brce  collected 
vere  in  a  starv- 

lews  of  the  sur- 
1  Oswego  with 
•encetoLa  Ga- 
uging Quebec, 
wo  extremes  of 
.^s  descent  upon 
irmy  of  twelve 
ain. 

m  doubted  the 
magined  the  in- 
le  world,  and  so 
n  their  harvest, 
ine,  and  by  des- 
loment  of  Gene- 

They  relied  on 
the  French  alli- 
ired  that  the  im- 
be  sufficient  to 
1  with  the  troops 
)ut  of  these  de- 

that  trusted  to 
13th  September. 
:ed  within  thirty 
5  French  vessels 
victory  returned 

ontented  with  a 
;  from  what  they 
tented  with  their 
^n  over  that  inac- 


1759.]  ,  277 

tivity  which  had  disappointed  our  hopes  of  the  total 
subjugation  of  the  power  of  France  on  this  continent. 

The  fort  of  Niagara  though  of  earth,  was  rcHpecta- 
ble,  and  capable  of  containing  two  thousand  men. 
On  the  sides  it  was  difficult  of  access.  It  had  a  river 
on  the  west,  the  lake  on  the  north,  and  on  the  east  a  ■ 
morass.  The  ditch  was  large.,  and  a  great  part  of  it 
wet.  The  soil  near  it,  like  the  Seneca  country,  fertile, 
rich  and  level.  About  two  thousand  Indians  visited 
it  the  ensuing  autumn,  abject  and  servile,  because 
aware  of  their  dependence  on  Us  in  future  for  many 
articles  necessary  for  their  subsistence.  But  not  a 
single  man  of  the  Mississagas,  who  inhabited  the 
old  country  of  theHurons,  on  the  north  bank  of  Lake 
Erie,  came  there  till  the  close  of  the  campaign,  for 
the  French  still  maintained  their  post  at  Toronto,  at 
the  north-west  corner  of  Lake  Ontario,  and  there- 
fore six  hundred  men  were  left  the  ensuing  year  as  a 
garrison  at  Niagara. 

At  Oswego  we  built  a  new  pentagon  fort,  v-^nd 
opened  a  ditch  of  five  and  thirty  feet.  The  maga- 
zine was  made  capable  of  containing  a  thousand 
barrels.  Casemates  and  bomb  proora  were  con- 
structed, and  nine  companies  left  there  for  its  de- 
fence, with  several  small  vessels  and  a  brigantine  of 
seventy  odd  feet  keel,  mounting  twenty  guns.  One 
hundred  men  more  were  posted  in  a  small  fort  at  the 
Little  Falls  of  the  Onondaga,  and  as  many  more  at 
the  western  extremity  of  the  Oneida  Lake ;  fifteen 
at  the  eastern  end,  and  four  hundred  at  Fort  Stan- 
wix.  A  road  was  cut  from  that  fortress  eighteen 
miles  across  the  portage  to  the  mouth  of  the  Wood 
Creek,  to  shorten  the  passage  by  that  stream,  whick 
is  more  than  double  that  distance.  It  was  then  as^ 
serted  that  the  plain  of  the  waters  of  the  Wood 
Creek  and  the  Mohawk  River,  at  each  end  of  that 
carrying-place,  differed  but  two  feet,  which,  if  true, 
may  one  day  give  a  supply  of  salmon  and  many  other 
kinds  of  fish  to  the  inhabitants  upon  the  borders 
of  the  latter  of  these  streams. 


»      »■!»» 


.278  Chap.  VI. 

On  the  north  General  Amherst  began  a  fort  at 
William  Henry,  completed  another  at  Ticondefoga, 
formed  and  began  to  execute  the  design  of  such  a 
fortress  at  Crown  Point  as  would  comprehend  a  cir- 
cuit of  nine  hundred  yards.  The  winter  garrisons  ot 
these  three  posts  amounted  to  fifteen  hundred  men. 

The  defeat  of  the  party  from  Venango  facilitated 
the  constructions  ordered  by  Mr.  Stanwix  at  Pitts- 
burgh, where  he  exhausted  the  summer  in  Indian 
treaties  and  promoting  our  commerce  with  the  abori- 
gines of  the  south. 

The  provisions  for  the  New- York  troops  extending 
only  to  the  first  of  November,  and  General  Amherst 
wanting  their  assistance  for  securing  the  ground 
they  had  gained,  and  to  prevent  the  French  from 
repairing  tlieir  losses,  it  was  necessary  to  reconvene! 
the  Assembly  in  October,  and  on  account  of  the 
small-pox,  Mr.  Delaijcey  ventured  to  summon  them 
again  at  his  own  out-ho  jse  in  the  surburbs. 

General  Amhert's  patron  was  Mr.  Pitt;  and  the 
Lieutenant  Governor,  who  had  hitherto  studied  to 
conciliate  the  graces  of  that  general,  did  not  lose 
the  opportunity  to  applaud  his  campaign. 

After  declaring  his  acquisitions  to  be  important 
and  valuable,  and  approving  the  wisdom  of  his  mea- 
sures, be  adds  for  justifying  thena, 

«  You  must  be  sensible  that  the  enemy  have  had 
very  small  supplies  of  provisions  this  year  from 
France,  and  that  most  of  the  men  in  Canada  having 
been  in  arms  this  summer,  their  crops  must  have 
p  suffered  greatly.  In  this  pressing  situation  it  cannot 
be  doubted,  they  will  Use  their  utmost  efforts  to  re- 
possess themselves  of  their  strong  holds,  if  it  were 
Unly  with  a  design  of  getting  subsistence  from  our 
magazines ;  but  if  they  know  that  there  are  respecta- 
ble forts  to  oppose  them,  and  find  that  the  works  are 
completed,  they  must  lay  aside  all  such  attempts  as 
fruitless  and  vain." 

The  house  wanted  no  incitements  to  continue  their 
aid,  and  the  same  day  voted  the  necessary  pay  and 
additional  clothinsj  suited  to  the  season,  and  the  day 


"m^" 


Clmp.  V  i. 

ran  a  fort  at 
Ticondejroga, 
lign  of  such  a 
)rehend  a  cir- 
!r  garrisons  of 
lundred  men. 
igo  facilitated 
nwix  at  Pitts- 
ler  in  Indian 
kfith  the  abori- 

ops  extending 
leral  Amherst 
r  the  ground 
French  from 
to  reconvene; 
ecount  of  the 
summon  them 
urbs. 

Pitt;  and  the 
!rto  studied  to 
I,  did  not  lose 
gn. 

be  important 
)m  of  his  mea- 

emy  have  had 
lis  year  from 
'anada  having 
ps  must  have 
ation  it  cannot 
t  eflbrts  to  re- 
Ids,  if  it  were 
;ence  from  our 
B  are  respecta- 
the  works  are 
ch  attempts  as 

continue  their 
ssary  pay  and 
n.  and  tlie  day 


17/)y.J  279 

after  (18th  October)  were  adjourned  lo  the  41h 
of  December. 

They  met  then  to  congratulate  each  other  upon 
the  victory  at  Minden,  the  defeat  of  the  French 
fleet  on  the  coast  of  Algarva,  the  conquest  of  Gua- 
daloupe,  the  reduction  of  Quebec,  and  the  other 
successes  of  that  memorable  year,  and  then  proceed- 
ed to  the  ordinary  supplies.  Mr.  Delancey  did  not 
omit  a  requisition  for  a  salary  to  Mr.  Justice  Jones  ; 
"an  officer  (says  he)  whom  the  course  of  justice 
obliged  me  to  appoint ;"  and  for  obviating  objections, 
pointed  to  funds  by  an  increase  of  the  stamp  duties 
and  an  augmentation  of  the  excise  upon  strong  li- 
quors. 

The  session  ended  in  twenty  days  without  a  single 
division  on  any  question,  though  upwards  of  twenty 
acts  were  passed,  and  among  them  a  five- pound  act 
so  much  before  contested ;  but  it  was  limited  to  four 
years. 

To  the  governor  they  allowed  a  salary  of  £1800 
with  the  £400  perquisite ;  gave  Mr.  Chambers  £200 
without  any  reference  to  the  chief  seat  as  full  or 
vacant.  Deducted  £50  from  Mr.  Horsmander/s 
late  alloVt^ance,  and  gave  Mr.  Jones  £100  a  year 
from  the  ^ate  of  his  commission,  the  6th  of  De- 
cember 1758.  Of  the  five-pound  act  the  committee 
wrote  favorably  to  the  agent.  The  Speaker  of  the 
present  House  living  remote  from  the  capital,  declin- 
ed any  part  of  the  correspondence,  and  it  was  left 
to  the  members  of  the  metropolis,  who  expresse  ' 
themselves  thus  in  their  letter  of  the  2Hth  April. 

*'  In  the  last  session  an  act  was  passed  to  empower 
mayors,  recorders,  &c.  to  try  causes  to  the  value  of 
£5  and  under,  which  has  been  strenuously  opposed 
by  the  gentlemen  of  the  law,  both  out  of  doors  and  in 
the  Council,  but  at  last  consented  to  for  ibur  years. 
As  we  are  apprehensive  that  the  same  opposition  will 
travel  to  the  Board  of  Trade,  we  desire  you  will  sup- 
port the  act,  as  it  has  by  experience  been  found  very 
beneficial,  and  in  a  few  instances  only  occasioned  any 
discontent ;  is  greatly  satisfactory  to  all  racks  of  pee- 


■^■1'  "I  mmwKimfmmt 


200 


[Chap.  VI. 


■ 

: 
I 


pie,  except  some  oi  the  law,  and  prevents  number- 
less suits  and  expenses,  winch  in  many  instances 
amounts  in  the  old  practice  to  more  than  llie  sum 
stied  for,  and  therefore  this  law  is  esteemed  a  very 
singular  public  benefit." 

It  was  not  to  be  doubted  that  if  the  war  contmued, 
new  efforts  would  be  directed  for  completing  the 
reduction  of  all  Canada.  Mr.  Secretary  Pitt's  letter 
for  that  purpose  arriving  in  good  season,  the  House 
was  again  convoked  for  our  aid  on  the  11th  March. 
The  Assembly  voted  the  like  contribution  with  that 
of  the  last  year,  and  there  was  a  new  emission  of 
sixty  thousand  pounds  to  defray  it,  and  an  eight  years 
tax  imposed  for  sinking  the  bills. 

The  Governor  had  in  his  speech  incorporated  Mr. 
Pitt's  letter,  commanding  him  to  use  his  utmost  en- 
deavors and  influence  towards  raising  the  men  neces- 
eary  for  the  enterprise,  which  prompted  to  a  motion 
of  Mr.  R.  R.  Livingston  for  an  address  intimating  that 
a  great  part  of  the  loan  to  General  Amherst  was  still 
unpaid,  and  that  their  exertions  were  made,  uninflu- 
enced by  any  other  motives  than  a  sense  of  their  duty 
to  their  king  and  country.  But  there  was  a  majority 
for  the  negative,  which  is  mentioned  as  a  dAaonstra- 
tion  of  his  ascendency,  even  in  the  presenf Assembly. 
They  adjourned  the  22d  of  that  month. 

Before  they  met  again  in  May,  he  informed  them 
that  the  whole  loan  was  repaid,  and  at  the  request 
of  Governor  Pownall  implored  their  charity  to  the 
people  of  Boston  who  had  suffered  by  a  conflagra- 
tion which  had  consumed  a  great  part  of  that  town 
on  the  20th  March.  '  •> 

Though  the  province  was  then  indebted  to  a  long 
list  of  creditors  for  their  services  and  losses  in  the 
war,  and  of  many  of  these  demands  only  able  to  ad- 
vance bu^  a  moiety,  still  they  gave  out  of  their 
treasury  £2300  to  the  poor  of  Boston. 

Mr.  Delancey  passed  ten  bills  on  the  10th  of  June, 
and  then adjourne!  ♦h*;m.  The  most  remarkable  of 
these,  was  one  to  regulate  the  practice  of  physic 
and  surgerjK  professions  taken  up  by  every  pretender 


H—POi' 


II 1%     |IW     Bli    - 


[Chap.  Vt 

ents  number- 
my  instances 
than  the  sum 
Dcmed  a  very 

irar  continued, 
ompleting  the 
ry  Pitt's  letter 
on,  the  House 
e  nth  March, 
tion  with  that 
V  emission  of 
an  eight  years 

orporated  Mr. 
lis  utmost  en- 
le  men  neces- 
;d  to  a  motion 
ntimating  that 
iherst  was  still 
made,  uninflu- 
e  of  their  duty 
vas  a  majority 
I  a  d^fhionstra- 
ienf Assembly. 
1. 

nformed  them 
at  the  request 
charity  to  the 
>y  a  conflagra- 
t  of  that  town 

bted  to  a  long 

losses  in  the 

ily  able  to  ad- 

3  out  of  their 

J  10th  of  June, 
remarkable  of 
tice  of  physic 
irery  pretender 


176U.J 


•1\\\ 


lo  the  great  Injury  of  a  credulous  people.  IJut 
the  remedy  was  very  inadequate  to  the  evil,  for  the 
law  which  restrained  all  unlicensed  practices  under 
the  penalty  of  five  pounds  for  every  ottence,  was 
limited  to  the  capital,  and  gave  the  riglit  of  examin- 
ing the  candidates  to  incompetent  judges,  a  coun- 
cillor, a  judge  of  the  supreme  court,  the  mayor  and 
the  attorney -general,  assisted  by  such  persons  as 
they  should  think  proper  to  call  upon. 

The  Lieutenant  Governor  survived  this  session 
only  to  the  30th  July,  and  died  very  suddenly.  He 
spent  the  day  before  on  Staten  Island,  at  an  interview 
with  Mr.  Boone  and  Mr.  Barnard  ;  the  latter  leaving 
New-Jersev  for  the  government  of  Boston,  and  the 
former  taknig  his  place  and  command  of  New-Jer- 
sey. General  James  Prevost,  Governor  Morris,  Mr. 
Walton  and  others,  were  of  the  party,  and  Mr.  Dc- 
lancey,  as  it  was  thought,  suffered  by  the  tart  raillery 
of  the  company  and  a  too  free  use  of  the  cup;  for  his 
constitution,  though  not  much  shattered,  began  to  give 
way  to  the  liberties  he  hadlongindulgcd.  Crossing  the 
water  for  several  miles  in  the  evening  air,  he  landed 
in  low  spirits,  drank  some  wine  and  water  at  Mr. 
Watts's,and  rode  out  to  his  house  about  a  mile  from 
town.  He  was  found  in  the  morning  by  one  of  his 
infant  children  gasping  in  his  chair,  and  in  the  ^ago- 
nies  of  death ;  and  before  a  physician  could  bcf  called 
to  his  assistance,  the  vital  spirit  was  gone.  The 
immediate  cause  was  supposed  to  be  a  fit  of  the 
asthma,  to  which  he  had  been  many  years  so  subject, 
as  to  be  unable  to  take  his  ordinary  repose  in  bed. 

The  conversation  of  the  day  before  certainly  put 
the  deceased  to  his  utmost  exertions ;  for  he  was 
treated  with  the  familiarity  of  an  equal  in  the  pre- 
sence of  his  inferiors,  who  had  long  worshipped 
him  as  a  genius  and  character  of  the  first  magni- 
tude. Mr.  Boone,  Mr.  Morris,  and  Brigadier  Pre- 
vost played  off"  their  wit  in  rallying  some  of  his  arts 
for  gaining  popularity  ;  and  though  not  a  word  was 
uttered  in  a  manner  interdicted  by  good  breeding, 
vet  there  was  gall  under  the  disguise  of  politeness 

.      36 


'lVr2. 


»      >  LChap.  \r 

iind  respect,  which  made  his  defence  the  more  at' 
duous,  especially  a8  there  were  three  against  one, 
with  the  smiles  of  the  rest.  His  daily  coffee-house 
haunls,  his  controversy  with  Clinton,  his  persuad- 
in;;  Sir  Cliurl'^s  Hardy  to  resign  on  contract  for 
half  ofthe  salary  and  emoluments,  the  subserviency 
of  his  tools,  his'donhle  clnim  to  be  chancellor  and 
chief  justice,  his  exaction  of  the  high  fees  tor  land 
grants  taken  by  Clinton,  and  his  receipt  of  £4()0 
yearly  for  the  garrison,  after  the  independent  compa- 
nies wrre  removed,  and  a  tale  respecting  that  money, 
all  touched  with  delicacy  and  justified  with  anxiety, 
without  the  appearance  of  contention,  tormed  the 
topics  of  a  conversation  concluded  with  evening 
merriment  on  both  sides ;  but  when  they  parted,  Mr. 
Delancey  instantly  grew  serious,  and  was  vexed  and 
silent  on  the  whole  passage  over  the  Bay. 

The  tale  alluded  to  was  this :  Prevost  comiuanded 
one  of  the  royal  American  battalions,  which  had 
wintered  here  before.    The  author  remarked  to  him 
in  the  summer  of  » 7.'>8,  when  being  hors  de  combai, 
he  spent  his  time  unemployed  at  a  villa  near  the 
capital,  that  this  annual  gilt  was  a  party  douceur. 
He  instantly    protested   he  would  exact  it  for  his 
corps,  and  the   next  day  startled   the   Lieutenant 
Governor  by  a  demand,  which  the  other  endeavored 
to  turn  off  with  a  jest.    The  General  left  him  to  con- 
sider of  it,  and  receiving   no  satisfactory  answer, 
notified  him  in  form,  that  he  should  make  it  the  sub- 
ject of  a  letter  to  the  Secretary  of  War;  and  at  a 
public  dinner  told  him,  that  he  would  certainly  make 
that  application,  because  it  was  the  part  of  a  good 
officer  to  insist  on  the  rights  of  his  soldiers,  and 
leave  it  to  Wk,  Governor  to  support  his  own  honor  in 
the  denial  if  he  could.     Mr.  Delancey  was  already 
intimidated,  and  a  few  days  after  declaring  his  con- 
viction of  the  justice  of  the  claim,  paid  down  a  moiety 
ofthe  money,  for  which  the  General  tookthe  merit  of 
signing  a  receipt  in  full,  which  the  other  acknow- 
ledged to  be  a  favorable  and  indulgent  composition. 
General  Prevost  was  so  much  pleased  with  his  sue- 


•*SV 


LCiiap.  \  r 

2  the  more  ar- 
F'c  against  one, 
\y  coflTce-housc 
1,  his  persuad- 
iii  contract  for 
le  Bubsrrvicncy 
chancellor  and 
1  fees  tor  land 
^ceipt  of  £400 
jcnucnt  compa- 
ing  that  money, 
?d  with  anxietj, 
on,  formed  the 
I  with  evening 
ley  parted,  Mr. 
was  vexed  and 
Bay. 

oHt  corniiianded 
>ns,  which  had 
emarked  to  him 

hors  de  cotrUtatj 

villa  near  the 
party  douceur, 
exact  it  for  his 
the  Lieutenant 
her  endeavored 
left  him  to  con- 
factory  answer, 
make  it  the  sub- 
War;  and  at  a 
I  certainly  make 

part  of  a  good 
is  soldiers,  and 
lis  own  honor  in 
ey  was  already 
daring  his  con- 
d  down  a  moiety 
tookthe  merit  of 

other  acknow- 
ent  composition, 
ed  with  his  sue- 


17tiO.J  ^    '  >         ii83 

cess,  that  he  could  notconccat  it ;  valuing  his  triumph 
over  a  demagogue  w  ho  held  thousands  in  awe,  uifinitC' 
ly  beyond  the  spoils  he  had  acquired. 

Mr.  DelariceyV  genius  excerdrd  his  erudition.  Hi:' 
knowU'dge  of  the  law,  history  and  husbandry  except- 
ed, the  rest  of  his  learning  consisted  only  of  that  small 
share  of  classical  scholarship  which  he  had  acquired 
atCambridge,andby  agood  memory  retained.  He  was 
too  indolent  for  protbund  researches  in  the  law  ;  but 
ivhat  he  had  read  he  could  produce  in  an  instant,  for 
with  a  tenacious  memory  he  had  an  uncommon  viva- 
city ;  his  first  thought  was  always  the  best ;  he  seem- 
ed to  draw  no  advantages  from  meditation,  and  it 
was  to  this  promptness  he  owed  his  reputation.  He 
delivered  his  sentiments  with  brevity,  and  yet  with 
perspicuity.  He  rarely  delivered  his  opinions  in 
writing,  because  his  compositions  did  not  merit  even 
his  own  approbation.  It  was  a  labor  to  him  to  write, 
and  he  only  supplied  the  matter  of  his  speeches  to 
the  Assembly,  which  others  put  into  form. 

The  siege  of  Quebec  by  the  Canadians,  and  the 
dread  of  its  returning  to  its  old  masters,  quickened 
our  levies,  and  when  collected,  the  news  of  their  re- 
tiring from  that  city  in  May,  stimulated  them  in  their 
progress.  General  Amherst  left  Schenectady  in 
June  to  join  an  army  of  four  thousand  regular  troops 
and  about  six  thousand  provincials,  who  were  to  make 
their  descent  into  the  heart  of  the  French  Colony, 
down  the  stream  of  the  St.  Lawrence,  while  Gen- 
eral Murray  was  to  come  against  it  with  two  thou- 
sand regulars  from  Quebec,  and  five  thousand  pro- 
vincials were  to  penetrate  under  Colonel  Haviland 
through  Lake  Champlain.  Sir  William  Johnson 
gave  assurances  at  the  same  time  of  the  effectual  aid 
of  all  the  warriors  of  the  Six  Nations,  of  which  nev- 
ertheless only  six  or  seven  hundred  accompanied 
the  western  army  from  Oswego  to  La  Galette  or  Os- 
wegatchie,  when  all  except  a  few  individuals  thought 
proper  to  return  to  their  own  castles. 

The  three  divisions  advancing  and  arriving  nearly 
at  the  same  time  in  the  neighbourhood  of  Montreal. 


if 


284 


[Chap.  VIL 


the  whole  force  of  Canada  was  driven  into  the  island, 
and  Mr.  Vaudreuil  the  French  Governor,  being  sur- 
rounded and  unable  to  make  any  resistance,  surren- 
dered all  Canada  on  the  8th  of  September,  and 
General  Amherst  returned  to  New-York  the  latter 
end  of  September,  and  received  the  congratulations 
of  a  people  exulting  in  the  accomplishment  which 
we  were  taught  by  our  ancestors  to  pray  for,  as  an 
event  essential  to  the  felicity  and  safety  of  all  the 
British  Colonies  in  America. 


I  CHAPTER  VII. 

From  Lieuten'tit  Governor  Delancey's  death,  to  the  appoint- 
ment  of  Lieutenant  Governor  Colien,  during  the  absence  of 
Sir  Charles  Hardy. 

On  Mr.  Delancey's  death  the  government  devolved 
on  Doctor  Golden,  who  immediately  came  out  from 
his  rural  retreat  in  Ulster  County,  and  at  the  age  of 
seventy-three  took  up  his  residence  at  the  province 
house  in  the  fort,  as  president  of  the  Council. 

It  was  the  general  wish  that  he  would  instantly  fill 
up  the  vacant  seat  of  the  Chief  Justice,  the  ministry 
having  not  long  before  trusted  the  dispensation  of 
justice  in  other  colonies  to  persons  of  such  character 
as  filled  the  multitude  with  uneasy  apprehe.isions. 
Jersey  had  been  mortified  by  the  arrival,  first  of  one 
Ainpley,  who  was  raised  to  be  Chief  Justice  from  the 
low  station  of  treasurer  to  a  turnpike  in  the  north  of 
England,  and  when  he  died,  by  a  successor  sMll  more 
contemptible,  of  the  name  of  Jones,  a  Newgate  soli- 
citor, who  left  his  wife,  lady  Oliphant,  in  the  arms  of 
an  adulterer,  by  whose  interest  he  was  promoted  and 
sent  out  of  his  way.* 


*  Ainsleywassaidto  be  recommended  to  the  Earl  of  Halifax  byLori 
Raven&fforth,  and  Jones  by  Lord  Chief  Justice  Welles  of  the  Common 
Pleas.  .  -^ 


'WlK**. 


[Chap.  VIL 

i  into  the  island, 
:nor,  being  sur- 
istance,  surren- 
leptember,  and 
-York  the  latter 
congratulations 
tlishment  which 
pray  for,  as  an 
safety  of  all  the 


wm,ji»  ('■•■"<in'» 


■iitji,.i»i  iiiiiiiiii 


,th,  to  the  appoint' 
uring  the  absence  of 


rnment  devolved 
[y  came  out  from 
md  at  the  age  of 
;  at  the  province 
}  Council, 
ould  instantly  fill 
tice,  the  ministry 
dispensation  of 
>f  such  character 
ly  apprehensions, 
rrival,  first  of  one 
f  Justice  from  the 
te  in  the  north  of 
ccessor  s*ill  more 
,  a  Newgate  soli- 
nt,  in  the  arms  of 
fas  promoted  and 


Earl  of  Halifax  by  horcL 
Welles  of  the  Common 


1760.]  '^^^ 

Mr.  Colden  was  sounded  on  the  propriety  of 
guarding  against  similar  appointments,  but  delivered 
his  answer  in  terms  of  ambiguity ;  and  while  it  was 
unknown  that  he  meant  to  compliment  the  Earl  of 
Halifax,  then  first  lord  of  trade,  with  the  nomination, 
and  take  that  opportunity^  of  showing  his  own  zeal 
for  the  interest  of  the  minister,  an  attempt  was  made 
to  engage  Mr.  Morris  to  change  his  place  in  New- 
Jersey  for  the  same  station  in  this  Colony. 

It  was  apprehended  that  Mr.  Colden,  who  had 
heretofore  given  so  much  offence,  might,  to  gain  popu- 
larity, be  persuaded  to  join  in  the  recommendation ; 
but  at  the  same  time  it  was  foreseen  that  neither  Cham- 
bers nor  Horsmanden  would  approve  of  any  other 
person  than  themselves. 

Mr.  Watts  suggested  to  Governor  Boone  of  New- 
Jersey,  that  his  province  was  happy  in  Mr.  Morris, 
and  added  a  wish  that  he  had  the  vacant  seat  in  New- 
York.    This  was  privately  communicated  to  Gene- 
ral Prevost,  who  consulted  the  author  on  the  subject, 
who  spoke  to  Mr.  Morris,  and  he  consenting  to  the 
trial  of  our  interest,  we  all  met  (Mr.  Morris  and  Mr. 
Walton  who  was  his  friend)  at  General  Provost's 
in  Flatbush.     The  author  was  to  engage  his  father's 
approbation,  and  Mr.  Walton,  flattering  himself  that 
he  could  procure  the  junction  of  Mr.  Watts  and 
Oliver  Delancey,  he  made  the  attempt,  and  pressed 
it  with  the  utmost  earnestness,  but  was  unable  to 
prevail  with  either.    The  only  fruit  of  it  was  expos- 
ing Watts  to  the  resentment  of  Mr.  Boone,  by  his 
denial  of  what  the  governor  had  alleged,  and  to  the 
contempt  of  a  few  who  were  informed  that  he  was 
brought  to  confess  that  he  had  forgotten  what  he  said; 
and  thus  the  president,  unsolicited  upon  this  delicate 
subject,  prosecuted  his  own  design  of  leaving  the 
appointment  to  the  plantation  board. 

On  the  22d  October  he  made  his  first  speech  to 
the  Assembly,  and  to  win  the  Delanceys,  who  detest- 
ed him,  he  applauded  the  superior  talents  of  his 
predecessor,  and  to  recommend  himself  to  General 
Amherst,  passed  encomiums  upon  the  conquest  of 


r" 


f  ■*•'  .i  J  w  '  W  •  "  '"•■..T'f ''^ 


286       \  .  :    [Chap.ViI. 

Canada.  He  then  demanded  a  support,  and  assured 
them  of  his  concurrence  in  every  measure  conducive 
to  the  prosperity  of  the  Colony,  without  even  taking 
the  ordinary  condition  of  its  consistency  with  his 
duty  to  the  crown. 

Mr.  William  Livingston  penned  the  address  offer- 
ed in  these  triumphant  moments  of  joy,  and  made 
the  congratulatory  echo  louder  than  the  first  sound. 
Alluding  to  the  reduction  of  Canada,  the  House,  to 
pre-engage  the  retention  of  it  at  the  peace,  speaks 
of  that  event  as  replete  with  innumerable  advantages 
to  the  nation  in  general,  and  exults  in  our  deliverance 
« from  the   devastation  of  a  cruel   and  barbarous 
enemy  ;  rather  bent  on  the  destruction  of  mankind, 
than  waging  war  either  for  their  own  defence,  or  even 
from  motives  of  ambition  or  conquest."     Again,  "  no 
consideration  (say  they)  shall  induce  us  to  regret 
the  blood  and  treasure  expended  in  facilitating  this 
inestimable  acquisition,  save  only  (to  which  we  are 
confident  the  wisdom  and  honor  of  the  nation  will 
ever  disdain  to  submit)  the  surrender  of  this  most 
important  conquest,  which,  in  possession  ot  the  crown, 
must  prove  to  Britain  the  source  of  immense  riches; 
and  ifretained  by  so  perfidious  a  people,  would  expose 
us  to  the  keen  revenge  of  a  defeated  enemy  ,who,unre» 
claimed  by  our  example,  and  by  our  clemency  uop 
softened,  would  doubtless  relapse  into  their  naUve 
barbarity,  and  retaliate  our  levity  with  more  signal 
acts  of  inhumanity  and  bloodshed." 

The  session  was  protracted  with  great  concord  to 
the  8th  of  November,  when  Mr.  Colden  assented  to 
nineteen  bills,  without  the  least  objection  to  that  for 
an  annual  support,  or  the  prolongation  of  the  cur- 
rency paper  bills;  verifying  an  old  remark,  that  the 
confidants  of  governors  often  advise  measures  which, 
when  themselves  are  responsible,  they  will  not  pursue. 
By  one  of  the  acts  he  took  a  salary  of  1800/.  a 
year,  with  the  ancient  douceur  of  400t  for  a  garrison, 
consisting  only  of  his  own  family.  -i     * 

There  was  nevertheless  some  incjuietude  without 
doors.    The  merchants  were  chagrined  at  the  inter. 


[Chap.  VII. 

rt,  and  assured 
mre  conducive 
ut  even  taking 
ency  with  his 

address  ofier* 
joy,  and  made 
the  first  sound, 
the  House,  to 
peace,  speaks 
ble  advantages 
ur  deliverance 
3ind  barbarous 
in  of  mankind, 
efence,  or  even 
"     Again,  "  no 
e  U8  to  regret 
facilitating  this 
» which  we  arc 
Ihe  nation  will 
?r  of  this  most 
m  of  the  crown, 
nmense  riches; 
e,  would  expose 
iemjr*who,unre* 
•  clemency  un^ 
to  their  native 
ith  more  signal 

reat  concord  to 
ten  assented  to 
ction  to  that  for 
ion  of  the  cur* 
emark,  that  the 
aeasures  which, 
r  will  not  pursue, 
lary  of  IBOO/.  a 
L  for  a  garrison, 

uietude  without 
ned  at  the  inter* 


.1761.] 


28; 


diction  of  their  commerce  with  the  French  and 
Spaniards  of  Monte  Christi ;  when,  by  the  superior- 
ity of  the  naval  strength  of  the  nation,  and  the  suc- 
cess of  our  privateers,  the  enemy  were  no  longer 
able  to  jiavigate  the  West  India  seas.  We  drove  a 
very  lucrative  trade  with  Hispaniola  undrr  letters  of 
safip  conduct,  and  afterwards  without  them  at  the 
post  above  mentioned.  Nearly  the  whole  produce 
of  that  valuable  island  came  to  the  British  Colonies 
in  exchange  for  provisions  and  the  innnutactures  of 
the  northern  country,  and  passed  lo  Europe  in  Eng- 
lisli  bottoms.  Both  the  British  and  American  mer- 
chants had  grown  opulent  by  this  commerce  in  spite 
of  all  the  calamities  of  the  war,  and  the  latter  felt  the 
check  now  given  to  their  gains  by  orders  issued  at 
Mr.  Secretary  Pitt's  instance,  excited,  as  fame  report- 
ed, by  General  Amherst  with  the  utmost  impatience. 
Mr.  Colden  nevertheless  enjoyed  a  perfect  calm. 
The  enemies  he  had  formerly  made  were  not  recov- 
ered from  the  terror  inspired  by  the  death  of.  the 
Lieutenant  Governor,  and  having  with  their  popu- 
larity lost  their  power,  they  felt  no  inclination  to  re- 
new their  hostilities;  nor  were  they  yet  without 
hopes  from  the  timidity  of  his  advanced  age  and  the 
address  of  Mr.  Watts,  that  he  would  voluntarily  con- 
sent to  be  led.  In  a  word,  the  weakness  of  both 
parties  left  him  undisturbed,  while  the  number  of  the 
candidates  for  the  vacant  seat  upon  the  bench  pro- 
duced condescensions  friendly  to  his  ease,  and  flat- 
tering to  his  pride. 

But  this  appearance  of  power  having  nothing  to 
support  it,  lasted  but  .  moment.  Mr.  Oliver  Delan- 
cey  having  a  seat  :n  Council,  and  the  Lieutenant  Gov- 
ernor's son  James  aiming  at  a  place  in  the  Assembly, 
and  Mr.  Jones  the  former  Speaker  being  restless  for 
his  old  chair,  Mr.  Colden  took  fright  on  the  news  of 
the  death  of  the  king,  and  unwillingly  listened  to 
the  doctrine  that  the  demise  had  wrought  a  dissolu- 
tion of  the  Assembly.  After  some  hesitation  he  issu- 
ed the  new  writs,returnable  on  the  3d  of  March  1761 . 


1 


■4>WI«'«iW 


' 


288  [Chap.  VII. 

Though  there  was  a  t'.hange  but  of  seven  members, 
the  return  of  Messrs.  Jones  and  Cornel  for  Queens 
County  being  set  aside,  yet  from  their  fortunes,  the 
Livingston  party  now  added  greatly  to  their  strength. 

The  speech  (on  the  10th,  to  which  they  had  been 
prorogued  by  an  irregular  proclamation)  laments  the 
death  of  the  king,  applauds  the  virtues  of  his  suc- 
cessor, and  leaves  it  to  the  House  to  think  of  domes- 
tic provisions,  till  the  instructions  then  expected 
enabled  him  to  state  the  requisitions  for  the  ensuing 

vear. 

The  Assembly  gave  assurances  of  aid  when  want- 
ed, concurred  in  a  loyal  address  to  the  new  king,  and 
adjourned  to  the  24th  of  that  month;  when  having 
received  Mr.  Pitt's  letter,  the  president  demanded 
an  aid  of  men  equal  to  two-thirds  of  our  levies  on  the 
last  campaign.    They  voted  seventeen  hundred  and 
eighty-seven  men,  and  fifty-two  thousand  pounds  to 
defray  the  expense  of  the  pay  and  clothing,  oi  which 
the  whole,  except  the  sum  of  seven  thousand  pounds, 
was  money  given  out  of  the  parliamentary  reimburse- 
ments for  former  exertions.    The  act  for  this  purpose 
was  passed  on  the  4th  of  April,  and  the  House  were 
dismissed  to  the  4th  of  May.    Then  there  was  a  short 
session  for  a  fortnight,in  which  Mr.  Colden  put  a  ne- 
gative upon  two  bills,  to  remove  doubts  arising  re- 
Ipecting  the  transactions  between  the  death  of  the 
late  king  and  our  notice  of  it  here,  and  to  compel  to 
the  appointment  of  the  judges  for  the  supreme  court 
in  future  on  the  tenure  of  ^ood  behavior.     1  he  first 
was  framed  on  the  supposition  that  the  laws  enacted 
in  autumn,  by  one  of  which  he  had  his  support  and 
the  proceedings  of  the  supreme  court  wanted  con- 
firmation, and  the  last  was  prompted  by  the  general 
wish  of  the  people,  that  the  judges  might  be  render- 
ed independent  of  the  crown,  and  the  vacancy  in  the 
chief  seat  be  no  longer  left  open  to  the  danger  of  a 
succession  in  favor  of  such  mean  mnusterial  hirelings 
as  had  been  sent  to  New-Jersey.     Mr.  Colden  was 
inflexibly  set  against  both.     He  had  indeed  oftered 
the  chief  justice's  place  to  the  author's  father  immo- 


[Cliap.  VIl. 

ven  members, 
1  for  Queen's 
'  fortunes,  the 
their  strength. 
hey  had  been 
i)  laments  the 
;s  of  his  suc- 
ink  of  domes- 
tien  expected 
)r  the  ensuing 

id  when  want- 
new  king,  and 
when  having 
;nt  demanded 
r  levies  on  the 
1  hundred  and 
and  pounds  to 
hing,  of  which 
usand  pounds, 
ary  reimburse- 
)r  this  purpose 
le  House  were 
ere  was  a  short 
>lden  put  a  ne- 
bts  arising  re- 
j  death  of  the 
1  to  compel  to 
supreme  court 
ior.     The  first 
e  laws  enacted 
lis  support  and 
•t  wanted  con- 
by  the  general 
ight  be  render- 
vacancy  in  the 
he  danger  of  a 
Bterial  hirelings 
Ir.  Golden  was 
indeed  offered 
r's  father  imme- 


1761.}  289 

diately  upon  the  death  of  Mr.  Delancey,  upon  the 
tenure  of  the  king's  bill,  informing  him  at  the  same 
time  as  a  secret,  that  he  should  not  make  that  pro- 
posal to  either  of  the  puisne  judges ;  but  after  Mr. 
Smith  refused,  he  took  up  the  resolution  to  leave  it 
open  to  the  minister  of  the  day,  and  to  hold  all  the 
rest  of  the  judges  on  the  renewal  of  their  commis- 
sions in  a  dependence  upon  the  crown.  He  could 
not  have  pursued  a  measure  more  universally  dis- 
gustful, nor  have  given  a  better  handle  to  tlie  disap- 
pointed expectants  of  the  vacancy,  or  the  numerous 
friends  of  the  present  judges  who,  with  great  reason, 
complained  of  his  zeal  to  enforce  an  old  instruction, 
which  Mr.  Clinton  broke  when  he  appointed  Mr. 
Chambers  to  succeed  Mr.  Phillipse,  and  which  Mr. 
Delancey  had  disregarded  without  censure  when  he 
constituted  Mr.  Jones  to  be  the  fourth  judge  on  the 
bench.* 

While  the  bill  relating  to  the  judge's  commission 
was  depending,  there  was  a  meeting  of  both  Houses, 
on  intimation  that  he  would  give  his  assent,  and 
to  obviate  if  possible  the  objections  he  had  urged  in 
justification  of  the  conduct  he  meant  to  pursue. 
Some  were  in  favour  of  increasing  the  allowance  be- 
yond the  present  mean  stipends  of  300/.  to  the  chief 
justice;  200/.  to  the  second  judge;  150/,  to  the  third, 
and  100/.  to  the  fourth,  and  the  constituting  a  perma- 
nent fund  for  their  annual  discharge.  But  others, 
disinclined  to  the  augmentations,  predicted  that  the 
vacancies  would  in  mture  be  filled  up  by  mean  and 
ministerial  dependants,  and  the  bill  by  their  division 
of  sentiment  was  sent  up,  subject  to  the  full  force  of 
Mr.  Colden's  exception. 

There  were  others  who  thought  a  fine  opportunity 
was  then  lost  for  gaining  an  independent  unbiassed 
bench,  and  these  contradictions  gave  rise  to  mutual 


1 


*  I  have  seen  Mr.  Clinton's  apology  to  the  Duke  of  Newcastle,  and  the  ' 
Earl  of  Holderness's  answer,  declariog  the  king's  approbation  of  the  com- 
mission to  Mr.  Chambers  on  the  same  tenure  with  Mr.  Delancev,  and  that 
to  Mr.  Phillipse  the  predecessor  of  Mr.  Chambers. 

37 


-»mn» 


29()  -  [Chap.Vll. 

reproaches,  with  which  Mr.  Colden  was  not  a  little 
diverted ;  and  a  confidant  of  his  said,  "  Neither  party 
had  any  thing  to  boast  of,  because  he  had  predeter- 
mined to  object  to  their  augmentations  as  inadequate 
to  the  dignity  of  the  officers,  and  thus  elflde  their 
importunity,  even  if  both  Houses  had  concurred  in 
doubling  the  salaries. 

The  judges  at  first  appeared  to.  differ  from  tne 
opinion  of  the  bar  as  to  the  effect  of  the  late  demise 
of  the  crown  upon  their  commissions.     But  their 
fears  rising  on  the  approach  of  the  term,  they  applied 
in  form  for  a  renewal  of  them  on  the  old  tenure. 
Their  request  was  instantly  refused  by  Mr.  Colden, 
who  advised  them  to  sit  upon  their  old  commissions, 
and  the  royal  proclamation  dated  at  SaviUe  House. 
Upon  mentioning  their  doubts,  whether  that  procla- 
mation was  issued  under  the  great  seal,  he  let  out 
his  own  secret.    "Yours  (says  he)  are  as  good  as 
mine,  and  you'll  stand  on  the  same  foundation. 
They  replied  very  pertinently,  "You  may  run  risks  and 
be  justified  by  necessity;  you  can  remove  our  doubts 
without  incurring  blame,  and  it  will  be  expected  that 
you  do  all  the  good  in  your  power."    The  judges  sat 
to  prevent  a  discontinuance  of  process,  andm  hourty 
expectation  of  being  relieved  by  the  arrival  of  Mr. 
Pratt,  a  Boston  lawyer,  who  had  obtained  a  manda- 
mus for  the  seat  of  Chief  Justice  by  the  interest  oi 
Mr.  Pownall,  to  whom  he  had  been  useful  when  Gov- 
ernor of  the  Massachusetts  Bay. 

But  if  he  lost  favor  on  one  side  of  the  water,  he 
increased  it  by  stratagem  on  the  other:  the  king 
promoted  him  to  the  rank  of  Lieutenant  Governor. 
Under  a  dread  of  the  clamors  of  the  multitude,  he 
wrote  to  his  superiors,  declaring  his  apprehensions 
that  he  should  be  compelled  to  give  way  to  the 
proposition,  and  thus  lay  the  foundation  for  a  positive 
command  against  any  future  compliances.  His  let- 
ters became  the  subject  of  a  report  from  the  Board 
of  Trade  to  the  king  on  that  question,  m  which  their 
Lordships  observe : 


mmfttMb4-rv^,  >**u)».4< 


[Chap.Vn. 

vas  not  a  little 
Neither  party 
had  predeter- 
i  as  inadequate 
us  elflde  their 
i  concurred  in 

liffer  from  the 
the  late  demise 
ms.    But  their 
m,  they  applied 
he  old  tenure, 
by  Mr.  Golden, 
id  commissions, 
;  Saville  House, 
ler  that  procla- 
leal,  he  let  out 
are  as  good  as 
ae  foundation." 
kay  run  risks  and 
nove  our  doubts 
je  rxpected  that 

The  judges  sat 
}S,  and  in  hourly 
5  arrival  of  Mr. 
tained  a  manda- 

the  interest  of 
iseful  when  Gov- 

of  the  water,  he 
other:  the  king 
tenant  Governor, 
he  multitude,  he 
is  apprehensions 
rive  way  to  the 
tion  for  a  positive 
iances.  His  let- 
t  from  the  Board 
)n,  in  which  their 


17G].] 


291 


That  the  people  of  New-York  could  not  plead  the 
example  of  the  mother  country,  because,  say  they, 
the  change  which  the  tenure  of  the  judges'  commis- 
sions underwent  at  the  revolution  in  this  kingdom, 
was  founded  upon  the  most  conclusive  and  repeated 
proofs  of  arbitrary  and  illegal  interposition  under 
the  influence  of  the  crown,  upon  poiuts  of  the  great- 
est importance  to  the  constitution,  and  the  liberty  and 
rights  of  the  subject.  It  was  not  however  by  the 
tenure  of  their  commissions  alone  that  they  were 
rendered  independent,  but  such  salaries  were  settled 
on  them  as  not  only  rendered  them  less  liable  to  be 
corrupted,  but  was  an  encouragement  for  the  ablest 
men  in  that  profession,  which  qualified  them  for  such 
high  trusts. 

*'  The  same  circumstance  does  in  no  degree  exist  in 
the  American  Colonies,  whereas,  there  is  no  certain 
established  allowance  that  may  encourage  men  of 
learning  and  ability  to  undertake  such  offices ;  your 
Majesty's  Governors  are  frequently  obliged  to  ap- 
point such  as  offer  among  the  inhabitants,  however 
unqualified  to  sustain  the  character;  and  though  a 
more  fit  person  should  afterwards  be  found,  yet  if  the 
commission  was  during  good  behavior,  such  un- 
qualified person  could  not  be  displaced.'''^    They  add, 

"  We  are  sorry  to  say  that  late  years  have  produc- 
ed but  too  many  examples  of  governors  having  been 
obliged,  for  want  of  such  establishment  as  might 
induce  able  persons  to  offer  their  services,  to  confer 
the  office  on  those  who  have  accepted  it  merely  witli 
a  view  to  make  it  subservient  to  their  own  private 
interests,  and  who,  added  to  their  ignorance  of  the 
law,  have  too  frequently  become  the  partisans  of  a 
factious  Assembly,  upon  whom  they  had  been  de- 
pendants, for  their  support,  and  who  have  withheld 
or  enlarged  that  support  according  as  the  conduct  of 
the  judges  was  more  or  less  favorable  to  their  inter- 
ests. It  is  difficult  to  conceive  a  state  of  govern- 
ment more  dangerous  to  the  rights  and  liberties  of 
the  subject :  but  aggravated  as  the  evil  would  be  by 


J 


•2[)-l 


fchap.  \  ir. 


f^ 


making  the  judges"  commissions  during  good  be- 
havior, without  rendering  them  at  the  same  time 
independent  of  the  factious  will  and  caprice  of  an 
Assembly,  we  cannot  but  consider  the  proposition  as 
subversive  of  all  true  policy,  destructive  to  the  in- 
terests of  your  Majesty's  subjects,  and  tending  to 
lessen  that  just  dependence  which  the  colonies  ought 
to  have  upon  the  mother  country." 

Their  Lordships  take  notice  of  a  report  of  the 
Attorney  and  Solicitor  General  on  a  similar  law  in 
Jamaica,  and  of  their  own  board  on  another  passed 
in  Pennsylvania,  quote  Mr.  Colden's  letters  as  con- 
sonant with  their  sentiments,  declare,  if  he  has  yield- 
id  his  consent,  he  deserves  the  royal  displeasure,  and 
advise  a  general  instruction  prohibiting  in  all  the 
royal  provinces,  commissions  during  good  behavior. 
But  the  Lieutenant  Governor's  letters  were  secrets 
when  the  Assembly  met  him  again  on  the  2d  Sep- 
tember, and  gratified  his  requisition  for  a  continu- 
ance of  pay  with  provisions  to  one  hundred  and 
seventy-three  men  for  the  defence  of  Orange  and 
Ulster  against  the  incursions  of  the  savages,  or  he 
would  have  had  more  serious  proofs  of  their  disgust, 
already  excited  by  the  rejection  of  the  late  favorite 
bills,  which  were  both  immediately  renewed,  and  in 
a  few  days  after  sent  up  to  the  Council.     He  had  nev- 
ertheless some  intimations  of  their  discontent  b^  a 
bill  on  Mr.  Cruger's  motion  to  interdict  stage  playmg, 
by  a  set  of  strolling  comedians  whom  he  had  permit- 
ted to  set  up  a  theatre,  and  by  his  expression  of  confi- 
dence in  the  abilities  and  patriotism  of  General 
Monckton,  who  was  then  in  hourly  expectation  of  the 
arrival  of  his  elevation  to  the  chief  command  of  the 

Colony. 

It  has  been  already  observed  that  Mr.  Jones, 
though  a  judge  of  the  supreme  court,  had  appeared 
as  a  candidate  with  Mr.  Cornel  for  a  seat  in  the  As- 
sembly. They  both  lost  their  aims.  The  sheritTs 
first  return  was  set  aside  for  irregularity,  and  at  a  new 
election  the  second  was  controverted  on  a  scrutiny 


[Chap.  \II 

ring  good  be- 
lie same  tim<! 

caprice  of  an 
( proposition  as 
ctive  to  the  in- 
ind  lending  to 

colonies  ought 

I  report  of  the 
similar  law  in 
another  passed 
» letters  as  con- 
,  if  he  has  yield- 
lispleasure,  and 
iting  in  all  the 
good  behavior, 
ers  were  secrets 
on  the  2d  Sep- 
n  for  a  continii- 
B  hundred  and 
of  Orange  and 
savages,  or  he 
of  their  disgust, 
the  late  favorite 
renewed,  and  in 
il.    He  had  nev- 
discontent  b^  a 
ict  stage  playing, 
d  he  had  permit* 
pressionofconfi- 
ism  of  General 
spectation  of  the 
command  of  the 

that  Mr.  Jones, 
rt,  had  appeared 
a  seat  in  the  As- 
s.  ThesherifTs 
rity,  and  at  a  new 
ed  on  a  scrutiny 


1 


nei.] 


29;) 


>yhich  left  a  majority  against  Mr.  Jones.*  The  elec- 
tions of  Mr.  Holland  for  the  county  of  Richmond,  and 
Mr.  Schcrmerhorn  for  the  town  of  Sc:licnectady,  were 
also  disputed  beJbrc  the  House ;  and  it  may  be  of 
use  to  slate  some  of  thr  points  resolved  by  the  As- 
sembly in  the  exercise  of  their  judicial  authority, 
respecting  the  qualilication  of  their  own  members. 

1.  That  the  nainsM  ol  voting  i'lft;tors  imI  n  turned 
on  the  poll  tists,  shaU  be  rerjeived  and  counted. 

2.  1  hat  the  possession  of  th«  remainder,  gained 
on  the  d^alii  of  a  tenant  for  life  but  twenty-two  days 
before  the  lest  of  the  writ  of  summons,  though  the  es- 
tate might  have  been  devised  thirty  years  before, 
gives  a  right  to  vote. 

3.  That  the  acquisition  of  a  freehold  within  three 
months  before  the  test,  suffices,  if  it  was  not  fraudu- 
lently obtained. 

4.  That  an  actual  possession  within  three  months 
IS  not  necessary ;  and, 

5.  That  a  man  deaf  and  dumb  from  his  nativity 
has  no  vote. 

Shortly  before  the  term  of  October,  and  when  Mr. 
Pratt  was  not  yet  arrived.  Mr.  Colden,  pushed  by  the 
dread  of  the  discontinuance  of  all  process,  and  the 
clamors  it  would  naturally  excite,  resolved  to  bring 
the  judges  to  the  test;  declaring  in  Council  that  unless 
they  would  take  new  commissions  during  pleasure, 
he  would  find  others  for  their  places.  To  the  sur- 
prise of  the  board  and  of  the  whole  colony,  two  of 
them  consented,  but  only  pro  hac  vice,  to  save  the 
term  in  the  absence  of  Mr.  Pratt.  But  Mr.  Jones, 
who  resided  in  the  country,  learning  by  the  way  that 
this  humility  was  imputed  to  meanness,  turned  back 
and  absented  himself  the  whole  term,  giving  out  that 
he  woiild  not  accept  a  commission  upon  so  base  and 
precarious  a  tenure.  No  distress  could  exceed  Mr. 
Chambers's  the  instant  he  discovered  the  public  dis- 
approbation of  his  conduct,  and  that  his  new  commis- 

*  But  this  decision  was  suspended  till  the  close  of  the  year,  when  Mr. 
Zebulon  Seaman  and  Mr.  Cornel  took  their  seats  as  the  members  for 
Queen's  County  pursuant  to  the  election  in  April  preceding. 


094  [Chap.VU. 

«'.on  was  thought  to  leave  him  as  much  embarrassed 
arbrfoe     »^r.Coldcn'B  authority  to  give  the  last 
under  Sr  Charles  Hardy's  commission  Beuig  consid- 
cred  aB  bvS  from  the  end  of  six  rnonths  after  the 
V^TLih.     Mr.  Chief  Justice  Moms  sta  ed  tb^s 
eiception  to  him  in  term  time,  and  it  filled  him  with 
LchWror  that  he  implored  the  Attorney-Ge^^^^^^^^^ 
hrinff  no  criminal  cause  before  them,  and  to  rejeci 
Sns  in  f"m  for  that  purpose,    ^^e  f  m  w^sno 
Sooner  ended,  than  Mr.  Pratt  arrived     Mr.  Chamb^« 
♦h^n  offered  h  s  first  commission  to  Mr.  MoncKion, 
i^ho  aUhat  tiL  declined  any  agency  in  the  civil  de- 

**  mef  Mr.  Colden  and  his  Assembly  parted  on  the 
ilUi  Sep  ember,  he  had  no  inlluence  upon  either  of 
!he  ereat  partie^  into  which  the  colony  ^ as  divided. 
The^eves  of  all  men  were  turned  to  General  Monck- 
ten  fo7it  was  not  certainly  known  that  he  was  destin- 
iTto  the  command  of  th'e  troops  which  had  been 
several  months  collected  on  Staten  Island  on  a  secret 

i^xoedition  to  the  West  Indies.  , 

&e  resided  chiefly  at  that  camp,  where,  agreeably 
io  Mr  Secretary  Pitt's  letter,  he  performed  the  cere- 
Ironies  for  investing  Mr.  Amherst  with  the  insignia 
TS^t  KniZ  of  the  Bath,  until  the  arrival  of  his 
fommisKn  the  Aldde  ship  of  war  on  the  19th  of 

^Colden  soon  learnt  what  Mr.Monckton  wasat  a  loss 
♦n  discover,  that  it  was  not  accompanied  as  usual 
t^ith  aSook  of  instructions,  and  it  had  been  hinted 
llv  the  Lieutenant  Governor  to  a  third  person,  that 
ll  tugrJhe  want  of  it  an  objection  to  the  Gen^^^ 
rnl's  entering  upon  the  command.    Ot  this,  Mr.  Monit 
ten  was  no  apprised  till  just  before  the  day  appoint- 
Id  fir  it"  pubUcation,  and  after  Mr.  Colden's  orders 
tJe  outfor  arraying  the  miUtia  as  usual  on  such 
rccasions  it  became  him  to  examine  into  the  weight 
«f  ^hrexception  so  unseasonably  started,  and  which 
he  a^pSded  the  I-"ten-t  Governor  would  ue 
every  argument  to  induce  the  Council  to  j'^ten  to 
and  Approve,  when  he  offered  himself  for  the  oath.. 


"♦pp*** 


[Chap.  Vll 

I  embarrassed 
give  the  last 
being  consid- 
)nth8  after  the 
[•ris  stated  this 
lUed  him  with 
ley-General  to 
and  to  reject 
e  term  was  no 
Mr.  Chambers 
Mr.  Monckton, 
in  the  civil  dc- 

r  parted  on  the 
upon  either  of 
y  was  divided, 
eneral  Monck- 
;  he  was  destin- 
lich  had  been 
and  on  a  secret 

liere,  agreeably 
rmed  the  cere- 
ith  the  insignia 
B  arrival  of  his 
r  on  the  19th  of 

tonwasataloSvS 
anied  as  usual 
lad  been  hinted 
ird  person,  that 
on  to  the  Gene- 

this,  Mr.  Monk- 
he  day  appoint- 
Colden's  orders 
i  usual  on  such 

into  the  weight 
irted,  and  which 
ernor  would  use 
icil  to  listen  to 
If  for  the  oath?. 


i7t)l.]  liy^ 

The  author  was  consuUcd  the  preceding  evening 
by  Mr.  Boone,  (who  had  presided  as  Governor  in 
Jersey,  a  place  which  he  now  left  |o  Josiah  Hardy, 
Esq.  a  brother  to  Sir  Charles,  being  himself  pro- 
moted to  South  Carolina,)  and  delivered  his  opi- 
nion in  writing,  which  was  in  substance,  that  the 
commission  conveyed  the  authority  and  the  law 
gave  the  rule  according  to  which  it  was  to  be  exer- 
cised; that  the  Council,  having  been  appointed  by 
the  privy  signet  and  sign  manual  of  the  late  king, 
and  continued  in  office  by  his  present  Majesty^s 
proclamation,  wanted  no  new  appointment  to  enable 
them  to  administer  the  oaths ;  a  id  that  therefore  the 
government  under  General  Monckton  could  be  or- 
ganised without  any  book  of  instructions. 

When  Mr.  Monckton  had  produced  his  commis- 
sion to  the  Council  on  the  26th  October,  and  it  was 
read,  the  Lieutenant  Governor  asked  for  the  instruc- 
tions to  enable  the  board  to  proceed.  The  other 
replied  that  he  had  none,  and  hoped  never  to  have 
any,  that  he  might  be  at  liberty  to  copy  after  the 
example  of  his  royal  master.  Not  a  member  of  the 
board  stood  by  the  Lieutenant  Governor,  and  the 
oaths  being  administered,  there  was  a  proceision 
and  a  republication  of  it  as  usual  at  the  town  hall. 
The  militia  being  drawn  up,  and  an  immense  multi- 
tude expressing  their  joy  in  loud  and  repeated  accla- 
mations. 

Mr.  Colden's  opinion,  which  soon  took  air,  had  no 
influence  on  the  people.  Addresses  and  congratula- 
tions were  presented  from  all  public  bodies,  without 
naming  the  Lieutenant  Governor.  It  being  then  full 
term,  he  had  one  from  the  judges  and  the  bar,  and 
another  from  the  grand  jury,  which  it  seems  gave  no 
small  offence  to  Mr.  Colden,  merely  for  hinting  that 
the  public  security  was  enhanced  by  the  high  birth 
and  opulence  of  the  ndw  governor. 

It  would  be  unfair  not  to  add  that  the  profession  of 
the  law  gave  this  Governor  a  public  entertainment, 
in  return  for  a  very  genteel  one  at  his  expense  to  all 
the  gentlemen  of  the  capital,  and  Btill  more  so  ta 


mjii  [Chap.  VII. 

conceal  some  private  anecdotes.  Anecdotes  rela- 
tive to  Mr.  Monckton's  request  for  securing  the  moie- 
ty of  the  salary  and  perquisites  of  the  government 
.hat  might  accrue  on  the  expedition  to  Martinique, 
which  he  was  appointed  to  command. 

It  was  Governor  Boone  who  in  his  name  requested 
the  author  to  frame  some  instrument  for  the  pur 
pose.  He  informed  him  that  the  general  had  resolv- 
ed to  give  his  own  share  to  Mr.  Golden,  but  altered 
his  mind,  after  his  project  for  exposing  him  to  the 
Bcoff  of  the  public,  by  excepting  to  the  publication 
of  his  commission.  That  he  had  already  written  to 
him,  asserting  his  claim  to  a  moiety,  adding,  that  he 
should  not  sail  before  it  was  secured  ;  that  he  had 
received  no  other  than  a  general  promise  to  comply 
with  the  king's  instructions  whenever  they  arrived. 
That  Mr.  Monckion  was  resolved  to  waste  no  time 
in  a  captious  correspondence,  and  had  now  resolved 
to  offer  him  a  draft,  and  if  he  refused  to  execute  it 
without  reasons,  to  suspend  him  without  ceremony. 

The  author  devised  a  bond  for  the  payment  of 
a  moiety  of  the  salary,  per<juisite8,  and  emoluments, 
and  to  account  upon  oath  if  required,  and  sent  the 
instruments  with  blanks  for  the  surety  and  penalty. 
Two  days  after  (i;Uh  November)  General  Monckton 
desired  to  know  why  the  oath  was  proposed;  to 
which  it  was  answered,  that  himself  taking  the  chan- 
cellor's chair  on  his  return,  he  would  lose  the  benefit 
of  that  court  to  compel  a  discovery,  if  that  should 
be  necessary,  and  that  the  bond  to  account  upon  oath 
was  expedient  to  prevent  his  losing  the  equitable 
relief  which  every  other  subject  enjoyed  by  the  laws 
of  this  country.  . 

The  general  showed  the  author  an  mstrument 
in  the  hand  writing  of  Mr.  Banyer,  the  deputy  se- 
cretary which  Mr.  Golden  had  proijosed  for  his  secu- 
rity. It  was  an  indenture  consisting  of  covenants, 
reciting  that,  pursuant  to  the  royal  instructions  to 
former  Governors,  a  moiety  of  salary,  fees,  and  per- 
quisites, were  payable  to  the  Lieutenant  Governor 
in  the  absence  of  the  Governor  in  chief,  and  agree- 


^_ 


J 


■fW" 


[Chap.VU. 

(iccdotcs  rela- 
iring  the  moie- 
tc  goveriimciit 

0  Martinique, 

ime  requested 
t  for  the  pur 
ral  had  resolv- 
3n,  but  altered 
ng  him  to  the 
he  publication 
ady  written  to 
idding,  that  he 
[ ;  that  he  had 
aise  to  comply 
■  they  arrived, 
waste  no  time 

1  now  resolved 
d  to  execute  it 
lit  ceremony. 
ie  payment  of 
d  emoluments, 
,  and  sent  the 
r  and  penalty, 
eral  Monckton 

proposed;  to 

iking  the  chan- 

lose  the  benefit 

if  that  should 

:ount  upon  oath 

the  equitable 
ed  by  the  laws 

an  instrument 
the  deputy  se- 
ed for  his  secu- 
;  of  covenants, 
instructions  to 
,  fees,  and  per- 
snant  Governor 
iief,  and  agree- 


176I.J 


297 


ing  that  such  share  should  i)0  paid  to  Mr.  CoUlcii 
and  the  other  half  be  nmm  iv(  d  by  Mr  lianyer  for  th<' 
use  of  GenernI  M<Mickton.  unless  olhorvviHC  iippliod 
by  \m  Majesty's  iiwlru'^tions,  "  lirirafter  to  bo  re- 
ceived." 

I  then  sent  liim  a  tripartale  indenture  betuern 
the  two  Governors  and  the  secretary.  It  recited  that 
by  former  instructions  the  Lieutenant  Governor  was 
to  receive  a  moiety  of  the  salary,  perquisites,  and 
emoluments,  (these  being  the  terms  in  the  9!Uh  arti- 
cle to  Sir  Charles  Hardy)  that  Mr.  MoncKton  was 
about  to  leave  the  province,  that  he  had  no  instruc- 
tion, but  expected  one  of  that  import,  and  that  the 
government  might  fall  on  Mr.  Golden.  Then  they 
were  both  made  to  covenant,  that  all  profits  should 
paM  into  Mr.  Banyer's  hands,  to  be  equally  divided 
if  Cuch  instruction  came,  and  if  not,  the  whole  to  Mr. 
Monckton.  Covenants  followed  for  Mr.  Banyer  to 
receive  and  obtain  all  these  profits,  and  to  render 
accounts  upon  oath  when  required  by  either  of  the 
Governors,  and  to  pay  them  their  respective  shares. 
And  with  this  indenture  I  proposed  a  bond  from 
Mr.  Banyer  and  his  surety  to  Mr.  Monckton,  for  the 
performance  of  the  covenants. 

Mr.  Monckton  embarked  on  the  15th  of  Novem- 
ber, but  before  he  took  leave  expressed    himself  to 
this  effect.     "  After  much  shuffling,  the  matter  is  set- 
tled.   Golden  objected  to  the  covenants  as  putting 
him  in  the  power  of  his  servant,  and  exposing  him  to 
the  world.     I  then  sent  him  the  bond,  requiring  Jiis 
execution  of  it  without  any  further  trouble.     Banyer 
came  from  him  with  an  objection  to  his  being  made 
liable  during  my  commission  and  absence.    I  was 
about  to  throw  all  the  papers  into  the  fire,  but  Walts 
then  with  me,  prevented  me.     I  ordered  Banyer  t 
bring  me  an  abstract  of  all  the  patents  for  lands  a.w 
commissions  for  offices  since  the  death  of  Delancey. 
He  declared  he  had  no  doubt  Mr.  Golden  would 
sign,  if  I  would  not  permit  any  alteration.     Colden's 
reason  is,  and  so  he  told  me,  thathe  hoped  to  procure 
an  instruction  for  the  whole  profits  in  mv  abscnc 

38 


1 


.29» 


[Chap.  VII. 


Watts  interposing,  Banyev  took  back  the  bond,  ask- 
ing whether,  if  the  Lieutenant  Governor  executed  it, 
he  should  bring  the  abstracts.  I  replied,  you  will 
obey  your  orders,  and  bring  back  the  draft  of  the  bond 
that  1  may  compare  it  with  the  copy  that  it  may  be 
executed." 

On  the  14 th  of  November  the  fleet,  consisting  ol 
one  hundred  sail,  left  the  Hook  for  Martinique  under 
convoy  of  the  Alcide  of  sixty-four  guns,  anc^  the 
Devonshire  of  seventy-four  guns,  two  of  fifty  and  one 
of  forty  guns ;  and  thus  the  government  devolved 
again  on  Mr.  Colden,  who  five  days  afterwards  open- 
ti  a  new  session,  with  a  passion,  first  raised  by  the 
two  law  bills  above  mentioned,  and  wound  to  an 
excess  of  indiscriminate  rage  at  the  whole  profession, 
bench  and  bar. 

The  objects  to  which  he  pointed  were  three— The 
slow  proceedings  of  the  courts,  tippling-houses,  and 
the  annual  support,  but  upon  the  first  he  dwelt  most. 
"  Complaints  (says  he)  of  the  dilatory  proceed- 
ings of  the  courts  of  law,  and  of  the  heavy  expense 
in  obtaining  justice,  are  so  general  and  frequent,  that 
they  well  deserve  yoi^r  attention.     Therefore  I  re- 
commend to  you  to  inquire  into  the  grounds  of  these 
complaints,  and  if  found  just,  to  apply  a  remedy  ade- 
quate to  so  great  an  evil.     Without  doubt  it  is  the 
duty  and  in  the  power  of  the  legislature  to  give 
relief  in  every  public  grievance.    The  delay  of  jus- 
tice is  a  denial  of  it  for  a  time,  and  is  often,  when 
attended  with  great  expense,  of  more  consequence 
to  individuals  than  the  obstinate  refusal  of  it.    The 
security  of  government  and  the  well-being  of  so- 
ciety, are  founded  on  the  equal  distribution  of  jus- 
tice, which  cannot  prevail  in  its  proper  extent,  while 
the   expense  of  obtaining   it  is   insupportable   to 
many." 

The  address  demonstrated  that  the  House  was 
neither  disposed  to  be  very  obsequious  to  his  humor, 
nor  ignorant  of  the  true  motives  of  the  speech. 

They  intended  to  have  puzzled  him  by  a  call  for 
the  proofs ;  but  this  he  obviated  in  his  answer  to  i\w 


J 


♦•-■ 


[Chap.vrr. 

the  bond,  ask- 
»or  executed  it, 
plied,  you  will 
raft  of  the  bond 
that  it  may  be 

it,  consisting  of 
artiniquc  under 
guns,  anc^  the 
of  fifty  and  one 
ment  devolved 
fterwards  open- 
t  raised  by  the 
1  wound  to  an 
hole  profession, 

ere  three — The 
ling-houses,  and 
he  dwelt  most, 
atory  proceed- 
I  heavy  expense 
d  frequent,  that 
Therefore  I  re- 
jrounds  of  these 
y  a  remedy  ade- 
doubt  it  is  the 
islature  to  give 
'he  delay  of  jus- 
I  is  often,  when 
re  consequence 
iusal  of  it.  The 
ell-being  of  so- 
itribution  of  jus- 
>er  extent,  while 
isupportable   to 

the  House  was 
>us  to  his  humor, 
lie  speech, 
ira  by  a  call  for 
lis  answer  to  the 


i761.J 


299 


J 


address  of  tiie  council,  by  quolirig  the  32nd  in- 
struction to  Sir  Charles  Hardy,  recommending  speed 
in  the  administration  of  justice,  which  being  as  old 
as  the  revolution,  and  known  to  bo  common  to  all  the 
provinces  under  the  immediate  government  of  the 
crown,  gave  rise  to  some  ridicule.  The  Assembly 
therefore  resolved  not  to  teaze  him  at  the  expense  of 
their  own  dignity,  and  contented  themselves  with  ob- 
serving that  they  would  not  permit  the  colony  to 
suffer  by  Mr.  Monckton's  absence,  but  that  its  inter- 
ests would  be  advanced  by  his  concurrence  in  seve- 
ral bills  preparing  for  the  defence  and  security  of 
the  liberties  and  properties  of  the  subject.  They 
agree  in  the  expediency  of  dispensing  justice  with 
despatch ;  but  that  he  might  feel  the  sting  of  tlie  com- 
mon censure  upon  the  high  fees  taken  for  patents,  in 
which  he  was  doubly  interested  as  Governor  and 
joint  surveyor-general  with  his  son,  they  add* — 

"  As  the  complaints  your  honor  mentions  probably 
arise  from  the  want  of  a  legalt  establishment  of  fees, 
we  cannot  help  thinking  a  general  establishment  of 
the  fees  of  all  the  officers  of  the  government  will  put  a 
stop  to  these,  as  well  as  to  several  other  complaints 
of  the  like  nature."'  Ai  the  close,  they  promise  "  all 
attention  to  the  internal  welfare  of  the  colony ;  with 
confidence  that  nothing  tending  to  that  end  can  be 
thought  by  any  who  have  the  honor  of  serving  his 
Majesty,  inconsistent  with  their  duty." 

The  answer  shows  a  spirit  ready  for  a  battle,  and 
was  supposed  to  have  been  penned  by  Mr.  Pratt — 

"  You  may  assure  yourselves  of  my  concurrence  in 
every  thing  for  the  benefit  of  the  country,  of  which 
each  of  the  branches  of  the  legislature  have  an  equal 
right  to  judge.     Methods  may  be  proposed,  however, 


*  The  Governor  took  £l2  10s.  for  every  thousand  acres,  and  t!ie  survey- 
or-general five  pound  more  per  thousand. 

f  All  fees  had  for  a  long  time  been  regulated  by  ordinances  of  the  Gov- 
ernor and  Council,  every  one  of  which  had  expired.  Many  attempts 
had  been  wade  to  establish  fees  by  a  law,  but  lost  by  the  parsimony  of  the 
Assembly.    The  act  in  INlr.  Van  Dam's  time  was  repealed  by  the  kins'. 


i 


;{0()  >  [Chap.  VJI. 

for  obtaining  a  real  bcnelit  inconsistent  with  the 
English  constitution,  or,  under  the  pretence  of  a 
benefit,  a  small  dependent  State  may  attempt  to  set 
bounds  to,  and  restrain  the  rights  and  prerogatives  oi 
the  king  of  Great  Britain.  In  these  cases,  though 
the  benefit  be  real,  the  method  proposed  for  procur- 
ing it.  may  be  inconsistent  with  the  duty  of  every  offi- 
cer who  has  the  honor  to  serve  the  crown,  especially 
if  the  same  benefit  ma^  be  more  effectually  obtained 
by  the  methods  to  which  no  exceptions  lie." 

It  was  easy  to  dis  over  that  the  Lieutenant  Gov- 
ernor foresaw  the  renewal  of  the  old  bill  for  confirm- 
ing the  acts  and  judicial  proceedings  of  the  last  fall, 
and  that  which  was  still  more  obnoxious  to  him  re- 
specting the  tenure  of  the  judges'  commissions. 
While  these  were  on  the  anvil,  he  sent  a  message, 
insisting  on  an  allowance  to  Mr.  Pratt,  beyond  what 
had  been  usual  ever  since  the  establishment  of  the 
salary  of  a  Chief  Justice  in  1715.  The  Assembly, 
nevertheless,  resolved,  "  As  the  salaries  usually  al- 
lowed for  the  judges  had  been,  and  still  appear  to 
be  sufficient  to  engage  gentlemen  of  the  first  figure, 
both  as  to  capacity  and  fortune  in  the  colony  to  ac- 
cept of  these  offices,  it  would  be  highly  improper  to 
augment  the  salary  of  the  Chief  Justice  on  this  oc- 
casion." 

While  the  bill  respecting  the  tenure  of  these  com- 
missions lay  with  the  Council,  the  lower  house  with- 
held that-  for  the  support.  Both  branches  had  the 
same  object  in  view;  but  the  upper  house  were 
apprehensive  that  if  they  passed  the  former,  Colden 
would  make  it  a  pretext  for  justifying  his  appoint- 
ment of  Mr.  Pratt  upon  the  new  tenure,  and  leave 
the  other  judges  in  their  present  condition.  Ihe 
next  device  therefore  was  to  tack  a  condition  to  the 
salaries,  as  the  support  bill,  rendering  them  payable 
only  on  their  holding  by  the  safe  tenure  above  men- 
tioned—they proceeded  upon  a  presumption  that 
he  would  on  that  account  reject  the  bill,  though  it 
gave  £2200  to  himself  They  were  most  egregiously 
mistaken;  for  on  waiting  only  for  the  receipts  ol  a 


^*»..«.jiiMitm.ft^.--«iigl|iW^ 


i^.jijiipmiiitj 


"W"""P 


■»i»  -i-^ 


jChap.  VJI. 

»nt  with  the 
retence  of  a 
ttempt  to  set 
'crogatives  of 
cases,  tliough 
'd  for  piocur- 
of  every  offi- 
ni,  especially 
ally  obtained 
lie." 

utenant  Gov- 
illforconfirm- 
)fthe  last  fall, 
1119  to  him  re- 
commissions. 
it  a  message, 
beyond  what 
hment  of  the 
he  Assembly, 
lea  usually  al- 
ill  appear  to 
lie  first  figure, 
colony  to  ac- 
Y  improper  to 
:e  on  this  oc- 

of  these  corn- 
er house  with- 
iches  had  the 
:  house  were 
jrmer,  Colden 
g  his  appoint- 
re,  and  leave 
nditlon.  The 
ndition  to  the 
them  payable 
•e  above  men- 
sumption  that 
bill,  though  it 
)8t  egregiously 
receipts  of  a 


1761.] 


JO  I 


joint  address  to  the  King  on  his  nuptials,  he  visited 
the  Council,  and  meanly  implored  their  assent  to  that 
bill,  and  to  screen  them  from  blame,  consented  to  an 
entry,  that  thoy  concurred  at  his  instance.  The 
Assembly  now  in  their  turn  became  humble  suppli- 
cants to  the  Council,  that  the  other  bill  might  not 
pass  that  House,  lest  ihe  Lieutenant  Governor 
should  gain  a  complete  victory  ;  and  from  the  com- 
mon antipathy  to  Mr.  Pratt,  they  obtained  this  boon, 
and  thus  all  parties  were  disgusted.  The  bill  to 
settle  scruples  occasioned  by  the  demise  of  the 
crown,  sunk  also,  as  connected  with  that  respecting 
the  commissions,  and  after  this  third  defeat,  they 
were  heard  of  no  more. 

At  the  passing  of  the  acts  on  the  31st  of  December, 
the  session  would  have  ended,  and  the  partition  bill 
would  have  been  lost,  if  it  had  not  been  suggested 
to  the  Lieutenant  Governor  the  propriety  of  some 
apology  lor  not  assenting  to  that  necessary  law.  It 
was  a  fortunate  thought,  for  he  hastily  declared 
that  if  the  House  would  adjourn  for  four  days,  and 
free  that  bill  from  some  objections,  it  should  have 
hisr  consent.  The  author's  father,  who  knew  its  im- 
portance, procured  a  note  of  the  articles  excepted 
to,  and  endeavored  to  obviate  his  objections  by  such 
alterations,  though  not  injurious  to  the  main  scope  of 
the  bill.  These  were  produced  to  the  Council  at  a 
meeting  on  the  3d  of  January,  the  day  before  that  to 
which  the  House  was  adjourned,  and  sent  to  the 
Lieutenant  Governor  for  his  perusal.  To  some  he 
yielded,  in  others  they  made  concessions  to  please 
him. 

Both  Houses  came  together  when  the  altercations 
with  the  Governor  were  carried  on  for  four  days, 
and  with  reluctance  at  last  he  consented  to  a  new 
engrossment,  and  having  passed  the  act,  he  pro- 
rogued the  Assembly. 

The  i)rojector  of  that  part  of  this  law  respecting 
the  partition  of  lands,  being  called  to  watch  the 
Lieutenant  Governor's  various  exceptions  to  it,  was 
a  witness  to  the  singular  irregularities  above  related, 


r 


30-2  [Chap.VH. 

though  no  notice  is  taken  of  them  in  the  journals  of 
the  House,  for,  according  to  their  form,  there  should 
have  been  a  prorogation,  and  a  new  bill  with  three 
readings  in  each  House. 

If  the  Lieutenant  Governor  had  been  gratifaed, 
there  would  have  been  no  balloting  for  the  lots 
till  all  objections  to  the  proceedings  had  been  heard 
and  determined  by  the  supreme  court,  nor  any  out 
lines  run  to  ascertain  the  tract  without  the  surveyor- 
general's  approbation.  The  Council  and  Assernbly 
would  agree  to  neither  of  these  alterations.  The 
first  exposed  to  tedious  delay  and  enormous  expense, 
and  the  last  subjected  the  proprietors  of  undivided 
lands  to  the  arbitrary  caprice  of  an  officer,  and  open- 
ed a  door  to  corruption.  The  contrariety  of  senti- 
ments upon  this  point  gave  rise  to  the  double  hnes 
for  the  contents  of  the  tract,  and  the  distinction 
between  the  parts  disputed  and  indisputed,  more 
particularly  mentioned  in  that  useful  act,  which  has 
greatly  contributed  to  the  cultivation  and  settlement 
of  the  colony,  and  enhances  the  estates  of  thousands 
who  before  estimated  them  as  of  little  or  no  value. 

It  has  been  already  observed,  that  the  Lieutenant 
Governor  assented  to  it  unwillingly,  it  is  upon  the 
information  of  a  member  who  having,  after  much 
conversation  on  that  subject  with  but  little  hope  ot 
success,  dropped  these  words  at  parting:  "And  is 
there  then  nothing.  Sir,  which  you  are  willing  to  do 
for  the  country  ?"  Struck  with  this  spirited  reproof, 
he  replied,  "  Well,  copy  your  bill  as  it  is  altered,  and 
I'll  come  up  and  pass  it."*  ,«    n    *. 

The  judges  being  all  unprovided  for,  Mr.  Fratt, 
whose  narrow  circumstances  made  immediate  sup- 
plies necessary,  despaired  of  all  relief,  unless  his 
patron  could  procure  it  by  dint  of  interest  at  home 
out  of  the  quit-rent  fund,  and  waited  only  the  mend- 
ing of  the  roads  to  return  to  his  native  country. 


*  Robert  R.  LivingBton  was  the  chief  manager  in  the  irregular  messa- 
ges relating  to  these  amendments. 


Mi.ijiitijwipijiJiiiiuij.jjatiijJWiw.ji  1  ■-'^■~ — • — ■" 


i;ggti"' 


[Chap.  VH. 

the  journals  oi' 
I,  there  should 
bill  with  three 

jeen  gratified, 
T  for  the  lots 
ad  been  heard 
t,  nor  any  out 
,  the  surveyor- 
and  Assembly 
i^rations.  The 
■mouB  expense, 
s  of  undivided 
icer,  and  open- 
riety  of  senti- 
B  double  lines 
the  distinction 
lisputed,  more 
act,  which  has 
and  settlement 
;8  of  thousands 

or  no  value, 
the  Lieutenant 

It  is  upon  the 
ug,  after  much 
t  little  hope  of 
•ting :  "  And  is 
•e  willing  to  do 
pirited  reproof, 
;  is  altered,  and 

for,  Mr.  Pratt, 
immediate  sup- 
lief,  unless  his 
iterest  at  home 

only  the  mend- 
native  country. 


the  irregular  messa- 


-■^.JIJiiii  Ilium 


I         I  «Hi»«»ij»p^— 


He  suffered  from  Mr.  Colden's  patronage,  and  no- 
thing so  much  contributed  to  the  general  odium 
against  the  Chief  Justice  and  his  patron,  as  Mr.  Har- 
dy's adventurous  generosity  in  Jersey,  who  by  his 
renewing  the  judge's  commissions  during  good  be- 
havior, taught  this  colony  to  believe  that  it  was 
choice  and  some  sinister  motive,  and  not  a  dread  of 
administration  that  prompted  Mr.  Coldeii  to  stickle 
for  a  dispensation  of  justice  under  the  control  of  the 
crown. 

It  was  therefore  with  a  malignant  pleasure  that  the 
public  soon  after  the  session  discovered  Mr.  Colden's 
late  promotion  to  the  rank  of  Lieutenant  Governor 
was  not  the  reward  of  merit,  but  the  effort, of  low 
craft  and  condescension. 

To  gain  an  interest  with  Mr.  John  Pownall,  a  clerk 
to  the  Board  of  Trade,  who  had  the  ear  of  the  Earl 
of  Halifax,  and  to  raise  the  idea  of  his  being  able 
to  influence  the  Assembly,  he  offered  him  the  agency 
of  the  colony ;  a  bait  to  which  the  minister  could 
not  be  indifferent. 

Pownall's  good  sense  and  experience  taught  him 
to  believe  that  a  donation  so  imprudently  liberal 
would  soon  be  recalled,  and  sagaciously  declining  it, 
proposed  that  the  representation  of  the  Assembly 
should  rather  be  trusted  to  his  friend  Mr.  Burke. 
He  requested  this  of  Mr.  Golden,  who  soon  after 
received  the  reward  of  his  art  in  the  commission  to 
be  Lieutenant  Governor.  It  now  required  some  ad- 
dress to  conceal  from  Pownall  that  want  of  influence, 
without  r.luch  his  friend  could  not  succeed. 

Having  attained  his  own  end,  he  intimated  that 
there  would  be  difficulties  to  bring  in  a  person  so 
little  known  to  the  prejudice  of  Mr.  Charles,  on 
whose  account  some  were  moved  with  compassion. 

Pownall  saw  himself  entrapped,  and  that  he  had 
not  only  missed  his  aim,  but  was  exposed  to  the 
resentment  of  the  old  agent. 

With  professions  that  he  meant  not  to  interfere  to 
his  prejudice,  he  revealed  to  Mr.  Charles  all  that 
had  passed,  and  gave  him  copies  of  the  letters  which 


"W-ygi'v 


J 

m 


Hi 


:| 


',JjU^"Si-». 


Mi  [Chap.VIf. 

were  now  Iransmitted  to  tlie  committee  of  Assembly, 
who  had  for  some  time  managed  the  correspondence 
with  tlie  agent  on  so  serious  a  subject.  The  reader 
ought  to  see  the  proofs,  which  I  insert  with  the  an- 
swer from  the  committee.* 


*  CHARLES  TO  THE  COMMITTEE. 

Golden  Square,  London,  1 9th  Mvember,  1 70 1 . 

It  may  not  be  improper  in  me  to  acquair  the  General  Assembly  that  Mr. 
PowD^ll  having  desired  an  interview  with  me  ;o  communicate  some  letters 
that  had  passed  between  him  and  Mr.  Colden,  did  inform  me  on  the  12th 
inst.  that  the  Lieutenant  Governor  had  some  time  before  signified  to  him, 
that  the  agency  of  the  colony  would  become  vacant,  and  had  made  an  offer 
of  it  to  him,  which  he  said  he  had  refused  as  incompatible  with  his  pre- 
sent  station,  but  that  he  had  thereupon  recommended  a  Mr.  Burke  for  the 
employment.  He  then  went  on  to  tell  me  how  much  he  was  surprised  to 
find  by  a  late  letter  from  Mr.  Colden,  that  this  was  to.  be  effected  to  my 
prejudice,  which  he  said  he  never  meant,  and  was  far  from  wishmg ;  for 
that  he  had  no  otherwise  recommended  Mr.  Burke  than  upon  the  sugges- 
tions of  Mr.  Colden,  that  there  would  be  a  vacancv,  and  then  read  to  me 
the  Lieutenant  Governor's  letter  of  the  12th  of  August,  and  afterwards 
sent  me  copies  from  which  the  enclosed  ones  are  faithfully  transcribed.  1 
suppress  my  own  reflections  on  this  matter,  and  will  only  take  leave  to 
assure  the  House,  &c> 


COLDEN  TO  POWNALL. 

Mw-York,  Augwt  iWt,  1760. 

^ '  When  I  wrote  to  you  on  the  16lh  May,  I  had  not  so  far  recovered  from 
a  dangerous  illness  that  seiiscd  me  in  April,  as  to  be  able  to  converse  freely 
with  the  members  of  Assembly  in  their  last  session,  as  I  proposed  to  hayu 
done  in  relation  to  the  agency  for  Mr.  Burke.  Since  that  Ume  the  Speak- 
er and  principal  members  have  been  in  the  country.  I  have  called  the 
Assembly  to  meet  the  first  of  next  month.  At  that  time  I  shall  use  my 
utmost  endeavor  to  serve  Mr.  Burke,  for  I  have  it  sincerely  at  hrart, 
whether  I  continue  in  the  administration  or  not.  The  principal  objection 
is  that  he  is  not  known  to  any  person  in  this  place,  which  I  can  ««  "tne^- 
wise  remove  than  by  your  recommendation  of  him,  which  I  hope  will 
liave  great  weight.  Some  likewise  are  moved  with  compassion  for  Mr. 
Charles  who  they  imagine  will  be  under  difficulties  if  the  agency  be  taken 

On  the  17th  July  I  received  the  honor  of  his  Majesty's  commission, 
appointing  me  Lieutenant  Governor.  I  think  myself  extremely  obliged 
to  your  broiher  and  to  you  on  this  occasion,  as  1  make  uo  doubt  but  biB 
and  your  good  offices  with  my  Lord  Halifax  have  contributed  much  to  it. 

General  Monckton's  commission  to  be  Governc  ,.j  hief  ol  this  pro- 
vince is  expected  with  Governor  Hardy,  who  I  atv.  *M  was  to  set  out  in 
ihe  heginnins  of  July  last.    It  is  probable,  therefore,  that  the  duration  of 


■  "'>i.«!'iyiijij! 


i^4i!|Mi^iiuafcAi#iiiu-'itgiij^->*L!wi.iW'' 


[Chap.  Vlf. 

;  of  Assembly, 

)rrespondence 

The  reader 

t  with  the  an- 


TEE. 

( JVw«n6er,  1701. 

il  Assembly  that  Mr. 
lunicate  aome  letters 
form  me  od  the  12th 
fore  signified  to  him, 
nd  had  made  an  offer 
[)atible  with  his  pre- 

a  Mr.  Burke  for  the 
[)  he  was  surprised  to 
to.  be  effected  to  my 
ar  from  wishing ;  for 
an  upon  the  sugges- 

and  then  read  to  me 
igust,  and  afterwards 
fully  transcribed.  I 
ill  only  take  leave  to 


u'jP».i'liW||pi,<wg|i!Hi  «iiJ>i|ii 


Augwt  nth,  176G. 

lo  far  recovered  from 
ble  to  converse  freely 
as  I  proposed  to  havo 
I  that  time  the  Speak- 
'.  I  have  called  the 
time  I  shall  use  my 
it  sincerely  at  heart, 
he  principal  abjection 
which  I  can  no  other- 
I,  which  I  hope  will 
b  compassion  for  Mr. 
f  the  agency  be  taken 

Majesty's  commisBion, 
elf  extremely  obliged 
tiake  uo  doubt  but  his 
ntributed  much  to  it. 
'  „i  -  hief  ol  this  pro- 
*old  was  to  set  out  in 
0,  that  the  duration  o:' 


1762.] 


miii'.ii   II Willi mjiniiin»iniiuii, in. I' 


306 


1 


The  royal  requisitions  for  the  operations  in  the 
West  fndies  brought  Mr.  Golden  and  his  Assembly 
together  again  in  March. 


my. administration  will  he  very  short.  This,  however,  does  not  lessen  the 
obligation  I  am  under  to  my  friends.  My  appointment  does  me  great 
honor  as  a  mark  at  least  of  his  Majesty's  approbation,  and  of  my  Lord 
Halifax's  favor.  In  whatever  situation  I  may  be,  it  will  give  me  the  highest 
pleasure  to  serve  you  in  any  shape,  and  1  beg  of  you  to  lay  your  commands 
upon  me,  which  I  shall  esteem  as  an  honor  to  your  most  obedient  servant, 

CADVVALLADER  COLDEN. 


POWNALL  TO  COLDEN. 


Sir, 


London,  February  9th,  1761. 


When  1  took  the  liberty  to  request  your  interest  in  favor  of  Mr.  Burke 
to  be  agent  for  New- York,  I  asked  it  only  incase  of  a  vacancy,  which  you 
in  your  letter  to  me  supposed  would  happen ;  but  it  was  very  far  from  mjr 
intention  to  request  any  favor  for  him  to  the  prejudice  of  Mr.  Charles  the 
present  agent,  whom  I  really  believe  to  be  much  better  qualified  to  serve 
the  province  in  that  character  than  any  other  man,  and  therefore  for  his 
sake  as  well  as  for  the  public,  I  shall  be  extremely  sorry  if  any  misappre- 
hension of  my  request  to  you  should  be  of  disservice  to  him. 

I  am.  Sir,  &c. 

JOHN  POWNALL. 


THE  COMMITTEE  TO  CHARLES— Extract. 
Mr.  Colden  has  never  recommended  to  the  House  or  to  any  of  its  mem- 
bers that  we  know  of,  either  Mr.  Pownall  or  Mr.  Burke.  He  has  indeed 
proposed  to  a  few  members  the  appointment  of  another  agent,  and  desired 
that  the  House  would  join  him  in  appointing  a  new  one.  This  when  men- 
tioned, was  laughed  at,  and  treated  with  the  contempt  it  mrrited.  The 
General  Assembly  wiil  not  suffer  any  Governor  to  nominate  or  recommend 
an  agent  for  them,  and  it  was  great  presumption  in  Mr.  Colden  to  mention 
any  thing  on  that  head.  Wc  are  very  certaii  that  Mr.  Colden,  when  he 
effere^  the  agency  to  Mr.  Pownall,  must  havo  known  that  it  was  not  in 
bis  power  to  get  any  person  appointed  by  his  influence  or  recommendation. 
The  motives  that  moved  him  therefore  to  make  that  offer,  could  only  be 
to  get  Mr.  Pownall's  interest  with  Lord  Halifax  to  procure  a  Lieutenant 
Governor's  commission.  This  is  evident  from  his  letter  of  the  13th  of 
August,  of  which  you  sent  us  a  copy.  It  thereby  appears  that  he  had  re- 
ceived thu  commission,  and  that  he  was  contriving  excuses  immediately 
to  gel  quit  of  his  promise.  Mr.  Colden  has  probably  taken  great  merit 
to  hiTise'.f  with  his  Majesty's  ministers  in  regard  to  the  forwardness  a«d 
zeal  s!:own  by  the  General  Assembly  for  his  Majesty's  service  in  raising 
force!),  itc.  If  he  has,  it  is  unjust ;  for  we  can  with  truth  affirm,  that  it 
was  not  on  account  of  any  interest  or  influence  he  had  with  the  Assembly, 
or  the  people  of  this  colony,  that  they  have  come  into  the  measures  pro- 
posed by  bis  Majesty's  ministers,  but  their  zaal  for  the  public  service  on!  v. 

39 


I 


I 


306  tChap.  Vll. 

Though  the  aid  demanded  was  nearly  equal  to 
their  contributior^  before  the  conriuest  ot  Canada, 
their  contempt  of  the  Lieutenant  Governor  extreme^ 
and  thoucrli  the  public  debt  exceeded  i-.M)0,000,  and 
^ve  we^  a,mualfy  assessed  a  £  10,000  tax  to  discharge 
it  vet  the  Assembly  did  not  hesitate  in  promising  to 
gybeyondwhat  might  justly  be  expected,  rather 
than  suffer  the  least  shadow  of  an  imputation  to  be 
laid  on  their  zeal  for  the  king's  service. 

It  was  however  a  question  of  great  moment  wheth- 
er they  ought  to  set  the  precedent  ol  levyn.g  t79 
men  as  required,  to  complete  the  king's  regular  re~ 
Timens;  and  to  prevent  it,  they  gave  their  aid  in 
fhe  form  of  a  loa.!,  "  to  be  repaid  when  h.«  Majes  y 
in  parliament  shall  think  proper.''  After  a  few  days 
the  aid  for  this  purpose  and  another  to  levy,  pay  and 
clothe  1787  men  on  the  continent,  with  a  few  others 
of  smaller  moment  were  passed,  and  the  House  was 

^tef  Mr. tbe^"^^^^^^^^       -Ho  devisecl  this 
expedient  of  a  loan,  the  credit  of  that  contribution 
would  have  been  lost,  for  the  House  were  extremely 
Te'rus  of  raising  money  to  recruit  so  diers  for  the 
iunding  army  oT  the  nation,  especia  ly  as  forts  re- 
au   ingirge  garrisons  were  constructing  m  the  mte- 
Sr  country,  Ind  apprehended  to  be  now  ""necessa- 
ry   unless  the  miiSter's   design   was   to  curb    the 
colonicD,  and  artfully  to  bring  us  to  bear  a  part  of  the 
expe  se     They  yielded  with  reluctance  out  of  re- 
^ard   o  the  exigency  of  the  day,  the  mother  country 
Eg  drained  for  the  German  supplies,  and  because 
thov  were  not  o.dy  desirous  to  give  success  to  a  con- 
nuelt  of  Louisiana  and  the  Mississippi  settlements 
2ut  to  prevent  suspicions  inauspicious  to  their  wish 
thatCaLla  at  the  end  of  the  war  might  be  retained 
by  GreaTBritain.     These  considerations  led  them  to 
an  entry  of  their  vote  as  unanimously  earned,  though 
many  were  at  heart  opposed  to  it.     Mr.  Livingston 
Xerved  to  them,  that  if  the  money  was  unpaid    no 
more  could  be  asked,  and  if  returned,  it  would  be 
Sssed  to  be  a  loan;  and  in  aid  of  his  design,  ,t 


H,M,"iii'm»im  'ii.iw'»rf!iti  m  >mijimm3H''jifM'.i:-^"' 


[Chap.  VII. 

arly  equal  to 
it  of  Canada, 
trnor  extreme, 
£:J00,()00,  aiul 
Lx  to  discharge 
1  promising  to 
)ected,  rather 
pntation  to  be 

■••  V 

noment  wheth- 
)f  levying  t79 
/h  regular  re- 
ve  their  aid  in 
en  his  Majesty 
rter  a  few  days 
>  levy,  pay  and 
th  a  few  others 
the  House  was 

ho  devised  this 
lat  contribution 
were  extremely 
ioldiers  for  the 
illy  as  forts  re- 
ting  in  the  inte- 
iiow  unnecessa- 
as  to  curb   the 
ear  a  part  of  the 
tance  out  of  re- 
mother  country 
es,  and  because 
uccess  to  a  con- 
ippi  settlements, 
>us  to  their  wish 
light  be  retained 
[ions  led  them  to 
r  carried,  though 
Mr.  Livingston 
r  was  unpaid,  no 
led,  it  would  be 
of  his  design,  it 


1762.] 


307 


was  suggested  at  a  meeting  of  the  Speaker  and  seve- 
ral other  members,  that  it  would  be  proper  to  recite 
in  the  preamble  of  the  bill,  their  views  of  the  neces- 
sity of  this  unusual  contribution  for  our  own  immedi- 
ate safety. 

The  administration  of  public  justice  now  called 
loudly  for  more  than  ordinary  attention.  Mr.  Cham- 
bers had  made  a  solemn  resignation  of  his  place  in 
November,  and  just  before  January  term,  Mr.  Hors- 
mariden  had  sent  his  commission  enclosed  in  a  letter, 
which  (as  Mr.  Colden  was  in  distress  by  the  last  ill- 
ness of  his  lady)  he  authorized  Mr.  Banyer  to  deliver 
when  most  consistent  with  decorum.  Mr.  Jones  had 
never  yet  taken  up  the  commission  issued  pro  hac 
vice,  and  left  for  him  on  the  court  table.  Mr.  Pratt 
was  therefore  alone  in  January  term,  and  receiving 
nothing,  declared  his  intention  to  leave  the  province 
for  Boston. 

With  an  apprehension  of  a  total  discontinuance 
of  all  process  in  the  term  of  April,  Colden  on  the 
24th  of  March,  demanded  a  categorical  answer  from 
Horsmanden  in  full  council,  to  the  question,  whether 
he  would  serve  or  not.  He  replied,  his  commission 
was  already  resigned,  and  that  he  would  never  sit 
under  it.*  The  Governor  asked,  whether  he  would 
accept  a  new  one  during  pleasure ;  adding,  that  if  he 
refused,  the  public  distress  should  be  represented  to 
the  king's  ministers.  The  other  desired  time  to  con- 
sider, and  two  hours  after  consented  to  take  the  place 
of  ^eco/ic/ justice,  with  a  declaration  that  no  services 
were  to  be  expected  from  him  on  the  annual  river 
circuit.  A  letter  was  the  same  day  sent  to  Jones  for 
his  final  resolution,  and  he  too  submitted  to  resign  the 
credit  he  had  acquired  by  the  contempt  he  had  put 
upon  the  pro  hac  vice  commission  as  before  related,  and 
again  when  being  impatient  of  a  total  degradation 
on  the  decision  of  the  Assembly ,t  giving  the  seat  he 

*  December  9th  1761. 

t  Mr.  Baoyer  offered  the  letter  enclosing  it,  but  the  Jjieutenant  Gov- 
ernor trithout  breaking  the  seals  ordered  it  to  be  returned.  He  boasted 
of  it  as  an  act  of  generosity,  considering  the  provocations  Mr.  Horsman- 
den had  given  him  during  the  party  feuds  in  Mr.  Clinton's  administraUoq. 


I  >   nriitini  nil 


mmmmmmmmm 


-jy„  [Chap.  vir. 

cxpetttHl  to  Mr.  Seaiuuu;  lie  had  resolved  to  have 
gone  to  the  bench  under  his  first  commission  trom 
the  late  king  and  the  Saville  House  Proclamation, 
till  he  was  told  after  coming  to  town,  that  the  last 
commission  had  revoked  the  first,  and  that  Me  must 
act  under  that  or  not  at  all.  Mr.  Jones's  answer  was 
required,  but  he  withheld  it  till  two  days  after  Mr, 
Horsmanden  had  bound  himself  to  serve. 

The  war  against  Spain  was  proclaimed  here  on 
the  :Jd  of  April.  The  council  met  at  the  fort,  and 
the  militia  were  arrayed.  The  proclamation  was 
read  bv  Mr.  Banyer  at  the  door,  and  tollowed  by 
three  cheers.  The  grenadiers,  led  by  Lord  Stirling, 
then  advanced  to  the  town-hall.  The  constables 
followed  after  them;  the  under  shenirs  high  she r- 
iff,  and  town  clerk,  the  common  counci«,  aldermen, 
recorder  and  mayor,  then  the  council,  ihe  Lieutenant 
Governor,  and  last  of  all,  the  gentlemen  of  the  town. 
When  the  proclamation  had  been  again  read  at  the 
hall,  they  returned  to  the  fort,  and  after  sometime  the 

""^Tdd^'iot  be  omitted  that  a  short  convention 
of  the  Assembly  took  placo  in  May,  and  that  they 
passed  a  bill  which  origina.ed  in  the  Lower  House. 
Ld  sent  it  up  to  the  Council  on  the  f/h-^'««  P;««ef 
bv  the  Governor  the  next  day :  and  that  another  bill, 
which  the  council  received  on  the  20th,  haxl  the 
Governor's  assent  on  the  22d;  the  tormer  bc-ing  an 
act  for  raising  money  by  a  lottery  to  buiUl  a  new 
jail  in  the  metropolis,  and  the  other  to  punish  tres- 
La  ses  injurious  to  the  light-house  of  Sandy  Hook 
which  to  the  shame  of  the  colony  was  now  first 

^^Mn  Colden's  second  administration  was  then  draw- 
i„g  to  a  close;  for  General  Monckton,  having  succeed- 
ed  in  the  conquest  of  Martinique,  returned  to  his  gov- 
ernment  on  the  12th  day  of  June,  and  began  with  a 
splendor  and  magnificence  equal  to  his  b«rth,  and 
expected  from  that  liberality  and  generosity  for  which 
be  has  ever  been  so  highly  distinguished. 

FINIS, 


■     i>j>jM|iBI!Hii!!t^  ..jwlt'Ji. 


[Chap.  Vir. 

■lolved  to  have 
•minisHion  from 

Proclamation, 
,  that  the  la»l 
id  that  he  must 
js's  answer  was 

days  after  Mr. 
Tve. 

filmed  here  on 
it  the  fort,  and 
»clamation  was 
n\  followed  by 
Y  Lord  Stirling, 
rhe  constables 
I'HU.  high  sher- 
incil  aldermen. 
,  ihe  Lieutenant 
len  of  the  town, 
fain  read  at  the 
er  sometime  the 

hort  convention 
and  that  they 
;  Lower  House, 
th — was  passed 
liat  another  bill, 
20th,  had  the 
former  being  an 
to  build  a  new 
r  to  punish  tres- 
)f  Sandy  Hook. 
r  was  now  first 

1  was  then  draw- 
having  succeed - 
limed  to  his  gov- 
nd  began  with  a 
0  his  birth,  and 
erosity  for  which 
lished. 


■.  f^ 


